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HomeMy WebLinkAboutIR 25-0036INFORMAL RESPONSE TO CITY COUNCIL MEMBERS No. 25-0036 di;Ttp To the Mayor and Members of the City Council February 18, 2025 r',° Page 1 of 2 V. �O Y rrn SUBJECT: REGULATIONS FOR NUISANCES RELATED TO PORTABLE TOILETS AND EVENTS ON RESIDENTIAL PROPERTY This report provides information on the regulation of portable toilets or portalets and nuisances associated with private events on residential property. Commercial vendors provide portalets for special events to expand restroom availability. Vendors may supply portalets through rental agreements, including delivery, retrieval, and intermittent cleanings. Vendors may recommend several portalets to accommodate the expected number of event attendees and offer placement guidelines or cleaning frequency recommendations to support successful events. Once events are complete, vendors should provide timely removal. Portalets are temporary, movable, and essential for short-term events, construction sites, and emergency situations. Regulating portalets through existing health and nuisance codes is effective for managing their use. Treating them as permanent or long-term installations by modifying zoning laws would not be appropriate. Property owners are ultimately responsible for ensuring proper care for portalets they lease for private events. Disallowing portalets for private events would cause unintended nuisances for the residents and neighbors. The City may take enforcement actions if a portalet creates a nuisance — including contact with the vendor of the portalet to assist with immediate action and removing the portalet, as necessary. At the state level, vendors that provide portalets are regulated by the Texas Commission on Environmental Quality as registered sludge transporters and are required to provide routine waste removal. The City thus cannot regulate the specific location of portalets on private property for environmental or health reasons. Special events and smaller gatherings on private property, such as residential parties, are subject to City rules and regulations, including noise and nuisance ordinances. The City does not require permits for events or parties on private property, just for tents for outdoor gathering per the Fire Code. The Noise Ordinance provides that noise disturbing to a reasonable person or exceeding the decibel level restrictions for a minimum of 30 seconds is a public nuisance. If a resident believes the noise from an event or party after 10.00 p.m. is disturbing their peace and comfort, they can contact the Police Department and ask that an officer investigate. It has been suggested that the City use the existing TCU Overlay zoning district to regulate portalets and parties on residential property, but zoning cannot be used to regulate temporary nuisances. The existing noise and nuisance ordinances are utilized for this purpose. The City worked with Texas Christian University (TCU) several years ago to create the TCU Neighbor to Neighbor Program and address nuisance student behavior and parties in residential neighborhoods surrounding the campus. The City's Communication and Public Engagement Department coordinates the program in partnership with TCU. Education efforts are ongoing, as students move on and off campus each semester. Code Compliance, Fort Worth Police Department, and the TCU Police Department work closely together to support the program and address public nuisances. Councilmember Crain has asked about a more robust program to assist ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL RESPONSE TO CITY COUNCIL MEMBERS No. 25-0036 di;Ttp To the Mayor and Members of the City Council February 18, 2025 r',° Page 2 of 2 V. �O Y rrn SUBJECT: REGULATIONS FOR NUISANCES RELATED TO PORTABLE TOILETS AND EVENTS ON RESIDENTIAL PROPERTY with student accountability and neighborhood engagement, and staff will pursue in future discussions with TCU. For questions on portalet regulations, please contact Wyndie Turpen, Assistant Director of Environmental Services. For questions regarding noise and nuisance ordinances, please contact Chris Austria, Senior Assistant City Attorney. For questions on the Good Neighbor Program, please contact Michelle Gutt, Community Services Manager with Communication and Public Engagement. Jesus "Jay" Chapa City Manager ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS