HomeMy WebLinkAboutOrdinance 2182 ORDINANCE NOe Z- v
AN ORDINANCE AMENDING ORDINANCE NO, 2178, BEING AN ORDI-
NANCE ADOPTED FOR THE PRESERVATION OF THE HEALTH, SANI—
TATION AND SAFETY OF THE PUBLIC AND AFTER BEING AMENDED
PROVIDING FOR THE COU=TION, REMOVAL AND DISPOSAL OF
GARBAGE, TRASH AND RUBBISH WITHIN THE CITY OF FORT WORTH,
'ACAS; DEFINING TERMS; REQUIRING ALL OWNERS, OCCUPANTS,
TENANTS OR LESSEES OF RESIDENCES, CHURCHES, SCHOOLS,
COLLEGES, LODGE`S, AND COMMERCIAL, INDUSTRIAL, BUSINESS
OR OTHER BUILDINGS WITHIN THE CITY TO PROVIDE CONTAINERS
AND RECEPTACLES WITH COVERS FOR GARBAGE AND TRASH; SPECI.
FYING THAT CONTAINERS AND RECEPTACLES BE PLACED AT CON»
VENIZUT LOCATIONS ON THE PREMISES WHERE THEY MAY BE EMPTIED
AND THE CONTENTS REMOVED AT REGULAR INTERVALS; PROHIBITING
ANYONE MWEPT AGENTS OR EMPLOYEES OF THE CITY OF FORT WORTH
FROM 3MPTYING CONTAINERS OR RECEPTACLES OR TRANSPORTING
THE CONTENTS THEREOF ON THE STREETS AND PUBLIC THOROUGH-
FARES WITHOUT ♦ PERMIT FROM THE CITY COUNCIL; PRESCRIBING
REGULATIONS FOR THE SECURING OF PERMITS; FIRING SCHEDULES
OF REASONABLE CHARGES TO BE MADE AGAINST OWNERS, OCCUPANTS,
TENANTS AND LESSEES OF BUILDINGS AND PREMISES RECEIVING
THE SERVICE; MgUIRING THE DIRE&OR OF THE DEPARTMENT OF
PUBLIC HEALTH AND WELFARE TO MAKE PERIODIC INFECTIONS
01F BUILDINGS, PREMISES AND ALL PLACES WHERE GARBAGE, TRASH
AND RUBBISH MAY AMMULATB AND ENFORCE AND AIKINISTER THE
PROVISIONS OF THE ORDINANCE; PROVIDING A SAVINGS CLAUSE
IN THE EVENT ANY PART OF THE ORDINANCE SHDULD BE DECLARED
UNCONSTITUTIONAL; FINING A PENALTY FOR TEE VIOLATION THEREOF;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HERBWITEf PROVIDING AN EFFECTIVE DATE; AlOtECIARING AN
EMERGENCY•
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TE7CASt
That Ordinance No, 2178, passed and adopted by the City Council on
Wednesday, September 8, 1943,Aafter being amended shall read as follows=
SECTION le
The accumulation of waste, refuse, trash and other deleterious substances
on the premises of private residences, commercial institutions and in streets
and alleys constitutes a public menace and nuisance and greatly increases
the danger of the spread of infectious, contagious and epidemic diseases,
and it is imperative and urgent for the preservation of health, safety, sani-
tation, peace and public welfare that proper and adequate regulations be
adopted to require property owners, tenants, occupants or lessees to secure
containers and receptacles of sufficient size and material in which to deposit
garbage and trash for collection and removal at regular intervalse
SECTION 2e
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 term Mtrash" as used in this ordinance shall mean rubbish, such as
feathers, coffee grounds, ashes, tin cans, paper, boxes, glass, grass, shrubs,
yard cleanings, grass clippings, leaves and tree trimmings.
SECTION 3•
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 recep-
taoles of sufficient number and size, as hereinafter specified, to hold the
garbage and trash that will normally accumulate on the premises.
SECTION 4•
That each of said owners, occupants, tenants, or lessees shall provide
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 worlmen
t® empty conveniently
SECTION 5•
Every owner, occupant, tenant or lessee shall, in addition to providing
the garbage can or cans as hereinabove set forth, provide and maintain a
suitable receptacle or receptacles for trash of not less than ten (10) nor
more than thirty (30) gallon capacity, constructed of some substantial mater-
ial, with a tight-fitting lid or cover and with handles sufficiently strong
for workmen to empty conveniently.
SECTION 6•
No one except the duly authorised agents and employees of the City of
Fort Worth shall empty garbage cans or trash receptacles or convey or trans-
port garbage or trash on the streets, alleys and public thoroughfares of
said City without a written permit granted and Issued by the City Council.
SECTION 7.
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 e.
If the house, building or premises from which the garbage is to be
collected and removed is adjacent to an alley, the owners 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 practicable to collect and
remove the garbage from an alley, the owner, occupant, 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 is the reeeptaelei
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 9.
The collection and removal of garbage and trash from houses, buildings
and premises used for residential purposes shall be divided into three (3)
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 collection
and removal is made three times each week; and Class III shall include 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 11 Class. III
Single Family Residence $ 440 $ .60 •$0
Duplex Apartment .60 1.00 1.30
Garage apartment .30 .40 060
Group Housing — 3 or more houses
on same meter .30 e50
(continued)
Class. I Class II Class III
3 Family Apartment .90 1,30 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 10e
The collection and removal of garbage and trash from houses, buildings
and premises used for commercial and business purposes shall be divided into
16 classes, Class I to VIII, inclusive, shall embrace all commercial and busi—
ness institutions which have their garbage and trash removed six days each
week. Class I-A to VIII-A, inclusive, shall 'oomprise 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 II-A 3e50
Class III 5.00 Class III—A 2e50
Class IV 4.00 Class IV-A 2900
Class V 3.50 Class V-A 1e75
Class VI 3.00 Class VI-A 1e50
Class VII 2e50 Class VII-A 1e25
Class VIII 2e00 Class VIII-A 1.00
After a careful survey and investigation, the business and commercial in-
stitutions in the City of Fort Worth have been divided into fair and reasonable
c2assificationse In the diagram hereinafter appearing, certain 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 designa—
tions as follows:
Class Class Class Class
z u uz r
I A IIA Ilt-A T,Y_A
Buildings, Garages, Service Stations
Parking lots 100,000 70,000 30,000 40,000
Hotels, Rooming Houses, Furniture 50,000 35s000 25,000 20,000
Real Zatate, Insurance, Loans, Ab-
stracto,Iadges,Travel Bureaus,etc•33s300 239330 16,670 13030
,Elea. Supply, Scion. Labs, Oil Sup-
ply Fiml , Creameries, Tailor (hops,
Mfg., Bindery, Fixtures 25,000 17s500 12,500 10,000
Theatres, Liquors, Pool, Bowling
Clubs 20,000 14,000 10,000 8,000
Class Class Class Class
I II III IV
I-tA II-A III-A IV-A
Hatters,Cleaning,Barber,Beauty,Bath,
Printera,Bngraving,Reproduction,sts. 16,670 11,670 8,335 6,670
Warehousea,Wholesale,Produoe,Frt.Exp.,
Bus Depots, Railroads, Sires 14,285 10,000 7,145 5,715
Studios, Photographers, Arts Furn.,
Welding, Auto Supply, Motors, Dept•
Stores, Paint Stores, Sporting Goods
& Unclassified 12,500 8,750 6,250 5,000
Jewelers 11,110 7,780 5,350 40445
Optometrists, Dentists, Florists, Shoe,
Repairs Retail Shoes 10,000 7,000 5,000 4s000
Monts & Women's Clothing"Dry Goods 91090 6,364 4,545 3,636
Conf.Candy.Bakeries,Fruita,Cigare 5,000 3,500 2,500 2,000
Groceries,Fish &Meat Markets 4,762 3s333 2,381 1,905
Cafes, Cafeterias, Sandwich Shops 3,846 2s692 1,923 1s338
Drugs and Pharmacies 2,439 1,707 1,220 976
Class Class Class Class
V VI VIL Vill
V-A VI-A BEA_. VIII,4
Buildings,Garagea,Service Stations,
Parking Iota 35,000 30,000 25,000 25,000
Hotels,Rooming Bousee,Furniture 17,500 13,000 12s500 12s500
Real Estate, Insurance, Loans, Ab-
stracts, Lodges, Travel Bureaus,eto. 11,670 10,000 8s335 8s335
Slec. Supply, Scion. Labs, Oil Supply
Firms, Creameries, Tailor Shops, Mfg.,
Bindery, Fixtures 8,750 7,500 6,250 6,250
Theatres,Liquors,Pool,Bowling Clubs 7,000 6,o00 5,000 5,000
Hatters,Cleaning,Barber,Beauty,Bath,
Printers,Engraving,Reproduction,etce 5,835 5,000 40170 46170
Warehouses,Wholesale,Produce,7rt,Bspe,
Bus Depots,Railroads,Tires 5,000 4s285 3,570 39570
Studios,Photographera,Art,Furn.,WeldM
ing#Auto SupplysMotors,Dept.Storess
Paint Stores,Sporting Goods & Unclassi-
fied 4,375 3s750 3s125 3sl25
Jewelers 3s890 3035 2,780 2,780
Optometrists, Dentists, Florists, Shoe,
Repair, Retail Shoes 3,500 39000 23,500 2,500
Yenta & Women's Clothing-Dry Goods 3,182 2,727 2,272 2,272
Conf. Candy,Bakeries,sFruitssCigars 1,750 I,500 1,250 1,250
0rooeries,Fish &Meat Markets 1,667 1,428 1,190 1,190
Cafss,Cafeteriae,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 deter-
mined not to exceed tea (10) cubic yardsper 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 days then and in that event the owner, occupant, tenant
or lessee will be required to pay proportionately for such excess unless sueh
garbage and trash are collected and removed under a permit duly granted and
issued by the City Council,
SECTION Ile
The fair and reasonable rates for collecting and removing garbage and
trash from churches or other buildings and premises used for religious wor-
ship have been found to be a minimum of thirty cents (30f) 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 12e
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
minimum of fifty cents (50f) per month, where such collection and removal is
not required in excess of once each week, with the amount increasing propor-
tionately as the periodic collection and removal increaseae
SECTION 13a
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 collec-
tion and removal is not required in excess of once each week, with the amount
increasing proportionately as the periodic collection and removal increases.
SECTION 140
The fair and reasonable rates for collecting and removing garbage and
trash from buildings and premises used for country clubs have been found to
be a minimum of one dollar ($1.00) per month, where such collection and re-
moval is not required in excess of once each week, with the amount increasing
proportionately as the periodic collection and removal increasese
SECTION 15e
The fair and reasonable rates for collecting and removing garbage and
trash from buildings and premises used for lodges and fraternal organiza-
tions have been found to be a minimum of thirty cents (30#) 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 re-
moval increases.
SECTION 16e
The minimum service to be rendered in the various classes herein
specified shall be once each week and the maximum six times each week.
Charges for minimum service shall be determined proportionately, depending
upon the rates and classifications as hersinbefore provided, except that no
minimum choxge shall be less than thirty cents (300) per monthe Should
any place of business not be specifically designated by name, such error
or mission will not relieve the owner, occupaA4l, a, i ae of the
binding effect of this ordinance, but the same ehaste shall be roads as
that entered against a business of a like or similar nature*
SECTION 17.
d„plc�+ion
To avoid ftsp#s6651 in billing and as a convenience to the public,
all persons, firms or corporations, public or private, engaged in furnish-
ing or delivering water, either by conveyance or transporting the same by
containers or through the medium of pipes and connecting service, wherein a
charge is made for such service, shall be required to include the fees for
the service herein provided on the monthly bills, and such persons, firms or
corporations, public or private, engaged in furnishing or delivering water,
either by conveying or transporting the same by containers or through the
medium of pipes and connecting service, shall, as a convenience to the pub-
lic, receive and issue receipts for the charges made in accordance with the
provisions of this ordinance, and shall promptly remit the same to the City
of port Worth monthly as the same aocruese
The collection, removal and disposal of all garbage, trash and rub-
bish shall be carried on in a systematic and efficient manner, keeping the
entire city in a clean and sanitary condition.
SECTION 18e
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 recap-
tacle on his premises, and if either the garbage can or trash receptacle
should not be emptied and the contents, removed by an agent or representa-
tive of the City of Fort Worth, or other duly authorised person, for a
period of five days, he must notify the Director of Public Health and Wel-
fare, in writing, of this fact within five days.
SECTION 19.
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 20.
,y Any person, firm or corporation desiring a permit for the collso-
PA J
tion, removal and disposal of garbage, trash and rubbish shall make appli-
cation for such permit to the City Council, who shall make and cause to be
made such investigation as they may consider necessary in order to determine
whether or not the public convenience and necessity requires the granting
of such permit and the amount to be charged therefor, and in no event shall
the charge exceed $25.00 for each fiscal year of operation. All permits so
granted shall be non-transferable and said permit may be rescinded by the
City Council at any time in its judgment such action is deemed to the best
interests of the public. The City Council shall determine if the applicant
is fit and proper to conduct such business, and 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 appli-
cant 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 persona,
fires or corporations with whom he has been associated or employed have a
claim or judgment against him for damages resulting from the negligent opera
tion of a vehicle; the financial ability and responsibility of the appli-
cant; his ability to respond in damages in the event of damages to persons
or damage 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 experience
he has had in rendering such service; the patrons for whom he proposes to
render this service, and such other information as the City Council may re-
quire. In all cases where permits have been issued, such permits shall be
attached to the vehicle or vehicles used for such purpose or shall be in the
possession of the person rendering such service, and shall be subject to in-
spection at all times.
SECTION 21•
The charges fixed herein for the removal and disposal of all garbage,
trash or rubbish shall be entered by the City of Fbrt worth against such
owner, occupant, tenant or lessee using or occupying any building, house or
structure receiving such service, and said charges shall be collected as simi-
lar charges are collected* Any person who shall fail or refuse to pay the
charge herein specified within ten (10) days from the date some shall become
due and payable shall have his service suspended and the Director of Public
Health and Welfare shall be notified immediately for appropriate action in
accordance with the provisions of this ordinance.
SECTION 22e
It is hereby made the duty of the Director of the Department of Pub-
lio Health and Welfare of the City of Fort worth to make inspection trips at
regular intervals to determine whether or not garbage, trash and rubbish is
being properly collected, removed and disposed of as required by the pro-
visions of this or any other applicable health ordinance, and in the event
it is sound that the ordinance is being violated, appropriate and timely
action shall be taken to insure a full compliance with its said provisionse
SECTION 23,
Should any part, section, subsection, paragraph, sentence, clause
or phrase contained in this ordinance be held to be unconstitutional, such
holding shall not affect the validity of the remaining portion of the ordi—
nance, but in all respects shall remain in Hull 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 24.
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 pro—
visions 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 expresaly repealed,
SECTION 25.
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 Hundred Dol-
lars ($100.00), and each offense and each dayts continuance of failure to
comply with the ordinance shall constitute a separate and distinct offense.
SECTION 26•
The fact that the health and the safety of the public are being
jeopardised and vitally affected daily by the accumulation of garbage, trash
and rubbish in and on the premisea of residences and on the preaches of busi—
ness, commercial and industrial enterprises, and on streets, thoroughfares
and public places of the City of Fort Worth, that such accumulation creates
a danger of the spread of infectious, contagious and epidemic diseases, and
that the present ordinances and regulations are insufficient to afford ade—
quate protection against the menace, there is an urgent public need in the
preservation of the health and safety of the people, and an emergency is
created, and imperative public necessity requires that this ordinance be
passed and that it become effective and in full force and effect immediate-
ly after its passage and publication as provided by the Charter of the City
of Fort North, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
ORDINANCE
Title
7,I'r P
Date
Filed __.—___ day of
L
City Secretary