HomeMy WebLinkAboutOrdinance 7001 ORDINANCE NO. 7 G Q 1
AN ORDINANCE AMENDING CHAPTER 16, "GARBAGE, " OF
THE CODE OF THE CITY OF FORT WORTH (1964) , AS
AMENDED, BY AMENDING SECTION 16-1 THEREOF BY
ADDING THE TERM AND DEFINITION OF "WASTEPAPER
FOR RECYCLING"; BY AMENDING SECTION 16-9 THEREOF
BY ADDING CERTAIN REQUIREMENTS CONCERNING SUCH
WASTEPAPER FOR RECYCLING THERETO AND BY PROHIBIT-
ING THE UNAUTHORIZED REMOVAL OF SUCH WASTEPAPER
FOR RECYCLING; PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE OF ALL PROVISIONS OF ORDINANCES AND
OF SUCH CODE AFFECTING GARBAGE; PROVIDING FOR RE-
PEAL; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE;
AND NAMING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1.
That the following term and definition be, and the same
shall be added, as the final paragraph, to Section 16-1 of
Chapter 16 of the Code of the City of Fort Worth (1964) , as
amended, and, after being so added, same shall be and read as
follows:
"Wastepaper for recycling. Any newsprint,
magazine or corrugated cardboard product volun-
tarily placed for collection at the place and
during the period specified by Subsection (a) of
Section 16-8 of this Chapter or voluntarily placed
at a collection point specifically designated by
the sanitation superintendent. Wastepaper for
recycling shall not include waxed or tinselized
paper."
SECTION 2.
That Subsection (j) of Section 16-9 of Chapter 16 of
the Code of the City of Fort Worth (1964) , as amended, be, and
the same is hereby amended, and, after being so amended, same
shall be and read as follows:
"(j) Papers. (1) Where large accumulations
of paper, such as newspapers, are placed out for
collection, either as trash or as wastepaper for
recycling, same shall be held in place or securely
bound or placed in containers to prevent scatter-
ing of paper on privately or publicly owned prem-
ises. Containers in which such wastepaper may be
so placed shall be made of disposable paper pro-
ducts only.
"(2) It shall be assumed that any papers
placed in substantial compliance with the pro-
visions of this chapter shall become the exclu-
sive property of the City of Fort Worth and
it shall be unlawful for any person to remove or
cause to be removed such papers. Such prohibi-
tion shall not include the removal of such papers
by tenants, lessees or owners of that property
immediately adjacent to the curb or alley loca-
tion where such papers are placed or by the duly
authorized agents, servants or employees of the
City."
SECTION 3.
That this ordinance shall be cumulative of all provi-
sions of ordinances and of the Code of the City of Fort Worth
(1964) , as amended, affecting garbage, except where the pro-
visions of this ordinance are in direct conflict with the pro-
visions of such ordinances and such Code, in which event such
conflicting provisions of such ordinances and such Code are
hereby repealed.
SECTION 4.
That all rights or remedies of the City of Fort Worth,
Texas, are expressly saved as to any and all violations of
the provisions of Chapter 16 of the Code of the City of Fort
Worth (1964) , 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 ordinance but may be prose-
cuted until final disposition by the courts.
SECTION 5.
That 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
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be declared void, ineffective or unconstitutional by the valid
judgment or final decree of a court of competent jurisdiction,
such voidness, ineffectiveness or unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same
would have been enacted by the City Council without the in-
corporation herein of any such void, ineffective or unconsti-
tutional phrase, clause, sentence, paragraph or section.
SECTION 6.
That any person violating any of the provisions of
this ordinance shall be deemed guilty of a misdemeanor, and
each such person shall be deemed guilty of a separate offense
for each day or portion thereof during which any violation of
any of the provisions of this ordinance is committed, contin-
ued or permitted, and each violation shall be punishable by
a fine not to exceed Two Hundred Dollars ($200.00) .
SECTION 7.
That this ordinance shall be in full force and effect
from and after the date of its passage and publication, as
required by law, and it is so ordained.
APPROVED AS TO FORM:
S. G. JOHNDROB, JR., City Attorney
Ada Pie 13
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;� City of Fort Worth, Texas
9AILIFF Mayor ayor an�L6� Council ncil Communication
tiRANA�•
WALLS DATE REFERENCE SUBJECT: Ordinance for Control of PAGE
NUMBER Waste Paper for Recycling 1
5/13/14 G-2425 Iof
Chapter 16 of the Fort Worth City Code (1964) as amended by Ordinance
No. 6506 is not specific regarding the control of waste paper placed
for pickup and recycling by City forces. The need for a new ordinance
or ordinance revision was described in Mayor and Council Communica-
tion G-2341, Expansion of Paper Recycling Program, January 28, 1974.
The purpose of the proposed ordinance is to define waste paper for
recycling and amend Sub-Section J of Section 16-9 of the City Code to
include specific provisions for the handling of waste paper and establish
the fact that waste paper placed for collection is the exclusive property
of the City of Fort Worth. In addition, it places the waste paper for
recycling under the existing controls of Chapter 16 of the City Code so
far as penalties and enforcement procedures are involved.
Recommendation
It is recommended that the City Council approve the ordinance described
above which establishes a formal policy for the control of waste paper
for recycling.
RNL:ms
SUBMITTED BY: DISPOSITIO"Y COUNCIL: PRSSED BY
APPROVED ❑ OTHER (DESCRIBE)
CITY'SECRETARY
/C DATE
CITY MANAGER 5-x-9-,7/