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HomeMy WebLinkAboutOrdinance 7569 ORDINANCE NO, 6 �` 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 A NEW DEFINITION FOR "WASTE CON- TAINER"; AMENDING CHAPTER 16 THEREOF BY ADDING A NEW SECTION DESIGNATED SECTION 16-20, PRO- VIDING THAT COMMERCIAL WASTE CONTAINERS SHALL BE IN GOOD MECHANICAL CONDITION AND WORKING ORDER WITH DRAIN PLUGS IN PLACE EXCEPT UNDER CERTAIN CONDITIONS, PROVIDING THAT COMMERCIAL WASTE CONTAINERS SHALL BE EMPTIED EVERY SEVEN (7) DAYS UNDER CERTAIN CONDITIONS AND WHEN NECESSARY UNDER OTHER CONDIT X)NS, PROVIDING THAT INTERIOR SURFACES OF COMMERCIAL WASTE CONTAINERS SHALL BE CLEANED UNDER CERTAIN CONDITIONS, PROVIDING THAT LIDS AND DOORS OF COMMERCIAL WASTE CONTAINERS SHALL BE KEPT CLOSED EXCEPT UNDER CERTAIN CONDITIONS AND THAT LIDS AND DOORS SHALL NOT BE OBSTRUCTED, PRO- VIDING THAT MAINTENANCE OF A COMMERCIAL WASTE CONTAINER IN VIOLATION OF THINS ORDINANCE SHALL BE DEEMED A NUISANCE AND UNLAWFUL, PROVIDING THAT ANY SUCH CONTAINER WHICH HAS BEEN DEEMED A NUISANCE SHALL BE REMOVED WITHIN TEN (10) DAYS AFTER OFFICIAL NOTICE, PROVIDING FOR A METHOD OF SERVICE ON THE LESSOR OF SUCH CONTAINER, PROVIDING FOR A PUBLIC HEARING BEFORE THE DIRECTOR OF PUBLIC HEALTH IF REQUESTED BY THE LESSOR OF SUCH CONTAINER; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PROVISIONS OF ORDINANCES AND OF SUCH CODE AFFECTING "GARBAGE"; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORIZING PUBLICATION IN PAMPHLET FORM; DIRECTING PUBLICATION OF THE CAPTION AND PENALTY CLAUSE; DIRECTING THE ENGROSSMENT AND ENROLLMENT OF THE CAPTION AND PENALTY CLAUSE AND THE FILING OF THIS ORDINANCE; 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 Section 16-1 of Chapter 16 of the Fort Worth City Code (1964) , as amended, be, and the same is hereby amended so that hereafter same shall read and be as follows: "Sec. 16-1. Definitions, "The following words, when used in this chapter, shall have the meanings respectively ascribed to them in this section: "Brush. Large tree or shrub limbs,branches or trimmings, which cannot be handled in standard garbage trucks but can be handled in brush chippers. "Garbage. Offal, waste products, kitchen refuse, and spoiled or decaying fruit, vegetable and animal matter from markets, grocery stores or restaurants. "Large appliances and trees. All refrig- erators, stoves, water heaters, trees, tree limbs, etc. , that are too large, heavy, or bulky to be collected with normal collection equipment. "Refuse. All wastes resulting from domestic, commercial or industrial operations incident to urban life, except sewage, but including garbage, brush and trash. "Trash. All refuse other than garbage, brush, and large appliances and trees, including hous- hold trash (discarded clothing, toys, papers, etc,) and yard trash (grass clippings, small shrubs and tree trimmings, leaves, etc.) "Waste Container. Any large metal container commonly used for the collection of garbage, putrecible material, brush, refuse, rubbish or trash. "Wastepaper for recycling. Any newsprint, magazine or corrugated cardboard product voluntarily placed for collection at the place and during the period specified by subsection (a) of Section 16-6 of this chapter or volun- tarily placed at a collection point specifi- cally designated by the sanitation superin- tendent. Wastepaper for recycling shall not include waxed or tinselized paper." SECTION 2. That Chapter 16 of the Fort Worth City Code (1964) , as amended, be, and the same is hereby amended. by adding a new section designated as Section 16-20 which section shall read as follows: -2- "Sec. 16-20. Commercial waste containers. "Every person, firm, or corporation who shall own, lease, or rent service of waste containers shall maintain such waste container in good mechanical condition and shall repair such waste container when necessary. All parts of such container including but not limited to lids, doors, hinges and drain shall be in good work- order. Except while being cleaned, all drain plugs of such containers shall be in place so that such container shall not leak. "Every person, firm or corporation who shall own lease, rent or loan a waste container shall empty such container at least once every seven days when such container is used for deposit of garbage or other putrescible material, all garbage and putrescibles must be bagged before depositing in container, and every such person, firm or coz- poration shall empty such container as often as necessary when such container is used for deposit of rubbish or trash so as to prevent such container from overflowing. It will be the users responsi- bility to contract for adequate container and service to eliminate overflowing and the cleaning of the interior surfaces of such container when neces- sary to keep the interior surface clear of accumulative garbage or organic material. "Every person, firm or corporation who shall have control over the premises upon which any such container is located shall keep all lids and doors of such container in a closed position at all times when such is used for deposit of garbage or other putrecible materials, except during times when such container is being emptied or filled. Every person, firm or corporation who shall con- tract for any such container shall have the con- tainer placed in a position so that lids and doors shall not be obstructed by any object which would prevent the closing of such lids and doors and/or servicing thereof. "The location or maintenance of a waste container on any lot, tract, parcel or land or portion thereof, which is in violation of any provision of this chapter shall be deemed a public nuisance when the Director of Public Health shall determine such container to be a danger to the life, limb, health, property, safety or welfare of the public or the occupants of the premises upon which such container is located. It shall be unlawful for any person, firm or corporation who shall own, rent or contract for lease, of a waste container to maintain such public nuisance by permitting or allowing the same -3- to be placed, located or maintained upon any lot, tract, parcel of land or portion thereof in the City. "Every person, firm or corporation who shall own or lease any such waste container which has been deemed a public nuisance shall remove such container from the premises within ten (10) days after being officially notified by the Director of Public Health or his authorized repre- sentative to do so. Such notice shall be in writing, shall specify that it must be removed and abated within ten (10) days, and shall specify that a request for a hearing must be made before expiration of said ten (10) day period. Copies of the notice shall be served upon the owner or lessor of such container by serving him personally or sending the copies by certified or registered mail with a five (5) day return receipt requested, to the last known address of such person, firm or corporation. A public hearing prior to removal of such container must be held before the Director of Public Health if such hearing is requested by the owner or lessor of such container within ten (10) days after service of such notice to remove and abate such public nuisance. " SECTION 3. That this ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth (1964) , as amended, affecting "Garbage", except where the provisions of this ordinance are in direct conflict with the provisions 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 -4- "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 prosecuted 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 be declared void, ineffective or unconsti- tutional 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 incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6, That the City Secretary of the City of Fort Worth is hereby authorized 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 withouth further proof than the production of said pamphlet, -5- as provided in Section 3, Chapter XXVI of the Charter of the City of Fort Worth. SECTION 7. That the City Secretary of the City of Fort Worth is hereby directed to publish the caption and penalty clause of this ordinance for five (5) days in the official newspaper of the City of Fort Worth, as authorized by Article 1176b-1, Revised Civil Statutes of Texas. SECTION B. That the City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and penalty clause of same in the minutes of the City Council of Fort Worth and by filing the ordinance in the ordinance records of said City. SECTION 9. 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, continued or permitted, and each violation shall be punishable by a fine not to exceed Two Hundred Dollars ($200.00) . SECTION 10. 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 AND LEGALITY: S. G. JOHNDROE, JR, , City Attorney -6- ft/_ FERCHIM City of Fort Worth, 7 ex as BAILIFF Mayor and Council Communication QRAHAM i3RAE)SHAY DATE _�,�, REFERENCE SUBJECT:Proposed Ordinance Regulating PAGE 17� .�.q�,� NUMBER Refuse Containers Put on Location by PROSECUTINGAZT19" ° ° G-3479 Commercial Waste Haulers 1 Of 1 The present garbage and refuse ordinance does not provide adequate control for all aspects of private waste hauling. The Health Department receives numerous complaints regarding unsanitary conditions around dumpster type refuse con- tainers. To correct the problem, it is proposed that the attached ordinance which establishes .requirements for the use and maintenance of dumpster type refuse containers be adopted. This amendment clarifies responsibility when dumpsters are used for refuse. It is hoped that this amendment will make it possible to better serve the citizens of Fort Worth. Two meetings were held with industry representatives to discuss this proposed ordinance. The consensus of their comments indicated they were in favor of the provisions of the proposed ordinance. Following is a summary of the ordinance provisions: 1. Waste hauling firms providing rental refuse containers shall keep containers in good repair; 2. Waste hauling firms providing rental refuse containers shall empty containers every seven days when used for garbage. They will be emptied as often as necessary when not used for putrescible material; 3, Individuals or firms renting refuse containers shall keep lids and doors closed when container is used for garbage and the container will be placed in an area where the lids and doors shall not be obstructed and can be easily closed and opened. 4. Waste hauling firms providing rental refuse containers shall locate containers where lids can be closed; 5. Waste hauling firms providing rental refuse containers shall be responsible for the removal of containers within 10 days after notification by Director of Public Health. 6. All garbage will be put into plastic bags before being placed in the large containers. The user will be responsible for keeping the interior surface of the containers clean. Recommendation It is recommended that the City Council approve the attached proposed ordinance amending Chapter 16, Section 16, of the Fort Worth City Code. JMT:jc Attachment SUBMITTED BY: DISPOSITION BY COUNCIL: PROCESSED BY 1;�RPPROYED ❑ OTHER (DESCRIBE) j ADOPD nNINAKE Nn_ 9.S 4 `� TE SECRETARY DATE CITY MANAGER '� !�-,� INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 2930 oE40RT p To the Mayor and Members of the City Council July 1, 1977 0 �rexAy; Subject: PROPOSED ORDINANCE REGULATING REFUSE CONTAINERS PUT ON LOCATION BY COMMERCIAL WASTE HAULERS At the request of several of the commercial waste haulers, another meeting was held on June 28, 1977 with Health Department officials to discuss the proposed ordinance regulating containers. They pointed out that the provisions of the proposed ordinance concerning keeping the containers clean and free of exposed garbage and putrescible material was placing responsibility on them which they felt the users of the containe'rs should share. They recommended that all garbage be placed in plastic bags before being put into the large containers. They further recommended that the user be responsible for keeping the interior surface of the container clean. The revised M & C G-3479 summarizes the proposed ordinance which contains the above mentioned recommendations. Section II, paragraph 2, has been changed to include the responsibility of cleaning and bagging of garbage. An additional change was made in Section II, paragraph 3, last sentence which requires the user to see that the container is placed in an area where the lids and doors shall not be obstructed and can be easily closed and opened. * * * * * * * * * * * * * * * * * * * * * * * * If additional information is required it will be submitted upon request. Respectfully submitted, 11 C k/�� R. N. Line City Manager RNL:jc ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS