HomeMy WebLinkAboutOrdinance 15463ORDINANCE NO. ~ 7 ~' ~3
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH (1986), AS AMENDED, BY THE AMENDMENT OF
CHAPTER 12.5, "ENVIl2ONMENTAL PROTECTION AND
COMPLIANCE," ARTICLE I "ADMINISTRATION AND
ENFORCEMENT," SECTION 12.5-103 "DEFIl~IITIONS," BY THE
ADDITION OF DEFINITIONS FOR "BRUSH," "BIG TRASH AND
BIG BRUSH," "CARRY-OUT SERVICE," "CART," "CFCS/HCFS,"
"CITY HOUSEHOLD COLLECTION SERVICE," "CONVENIENCE
CENTER," AND "YARD TI~:INIlVIINGS" AND BY THE AMENDMENT
OF THE DEFIl~IITION OF "COMMISSION;" AND FURTHER
AMENDING SAID CHAPTER BY THE AlV~NDMENT OF ARTICLE
VIII, "SOLID WASTE AND RECYCLING," DIVISION 1, "GENERAL
PROVISIONS," BY THE AMENDMENT OF SECTION 12.5-802
"OPERATION OF CITY SOLID WASTE FACILITIES," BY
RENAMING IT AND AUTHORIZING THE DII2ECTOR OF
ENVIRONMENTAL MANAGEMENT TO DETE~E
OPERATIONAL PROCEDURES AT CONVENIENCE CENTERS; BY
THE AMENDMENT OF SECTION 12.5-803 "SPECIAL WASTE NOT
ACCEPTED," PROVIDING FOR THE PROHIBITION OF SPECIAL
WASTE BEING PLACED FOR COLLECTION OR DISPOSED OF AT
CONVEN~NCE CENTERS, AND PROVIDING EXCEPTIONS; BY
THE AMENDMENT OF SECTION 12.5-804 "VEHICLES AT CITY
SOLID WASTE FACILITIES," BY RENAMING IT AND REQUIRING
VEHICLES TO BE COVERED TO PREVENT SPILLAGE OR
SLOWING OF WASTE ; BY THE AMENDMENT OF SECTION 12.5-
805 "ASSUMPTION OF RISK OF INJURY AT CITY SOLID WASTE
FACILITIES," BY RENAMING IT AND PROVIDING FOR .
ASSUMPTION OF RISK BY PERSONS ENTERING UPON
CONVENIENCE CENTERS; AND FURTHER AMENDING SAID
CHAPTER BY THE AMENDMENT OF ARTICLE VIII, "SOLID
WASTE AND RECYCLING," BY THE AMENDMENT OF DIVISION
2, "HOUSEHOLD COLLECTION" IN ITS ENTIRETY, PROVIDING
FOR THE COLLECTION OF HOUSEHOLD GARBAGE,
RECYCLABLES, YARD TRIlVIlVIINGS, AND BIG TRASH AND BIG
BRUSH; AND FURTHER AMENDING SAID CHAPTER BY THE
AMENDMENT OF ARTICLE VIII, "SOLID WASTE AND
RECYCLING," DIVISION 3, "COMMERCIAL SERVICES," SECTION
12.5-830, "COMMERCIAL COLLECTION SERVICE," PROVIDING
FOR THE CURBSIDE COLLECTION OF GARBAGE AND RUBBISH
FROM CERTAIN COl~~IM]ERCIAL CUSTOMERS; PROVIDING THAT
THIS ORDINANCE IS CUMULATIVE; PROVIDING A
SEVERA.BILITY CLAUSE; PROVIDING A FINE OF UP TO $2,000.00
FOR EACH OFFENSE IN VIOLATION OF THE ORDINANCE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
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PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY;
AND PROVIDING AN EFFECTIVE DATE. '
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS, AS FOLLOWS:
SECTION 1.
That Part II "Code", Chapter 12.5 "Environmental Protection and Compliance", Article I,
"Administration and Enforcement", Division 1, "General Provisions", Sec. 12.5-103,
"Definitions," of the Code of the City of Fort Worth (1986), as amended, is hereby further
amended by the addition of the following terms in alphabetical order:
Brush means cuttings or trimmings, and individual pieces from trees, shrubs, or
lawns and similar materials not exceeding four inches in diameter and four feet in
length
Big Trash and Big Brush means tree and shrub trimmings, limbs and stumps and
items of residential solid waste that are too large, bulky or heavy to be collected
during city household collection service, including: furniture; mattresses;
appliances; remodeling debris from small projects performed by the customer at
the customer's address, but not including materials from a contractor.
Carry-out Service means collection of garbage and recyclables from a household
at a point other than the curb, as approved by the Director. The term includes
both disabled carry-out service, which requires the annual certification of a
physician or doctor of optometry, and for which no additional fee is charged, and
elective carry-out service, for which an additional fee is charged.
Cart means a garbage or recycling cart furnished by the City for city household
collection service, or a yard trimmings cart purchased from the City.
CFCs/HCFCs means chlorofluorocarbons and hydrochloroflurocarbons: ozone-
depleting refrigerants also known by the trade name Freon®.
City Household Collection Service means the scheduled collection and disposal of
residential solid waste and recyclables which the City provides or for which the
City contracts with another person to provide.
Convenience Center means a facility established by the City for the convenience
and exclusive use of residents (not commercial or industrial users or collection
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vehicles) for the collection of household garbage and rubbish, yard trimmings, big
trash and brush, and recyclables in the manner and of the type as determined by
the Director. The facility may consist of one or more storage containers, bins, or
trailers.
Yard Trimmings means leaves, grass clippings, twigs, weeds and small bundles of
tree and shrub trimmings from residential yard maintenance.
SECTI®N 2.
And further that Part II "Code", Chapter 12.5 "Environmental Protection and Compliance",
Article I, "Administration and Enforcement", Division 1, "General Provisions", Sec. 12.5-103,
"Definitions," of the Code of the City of Fort Worth (1986), as amended, is hereby further
amended by amendment of the term "Commission" so that it shall hereafter read as follows:
Commission means the Texas Commission on Environmental Quality (TCEQ)
and its successor and predecessor agencies.
S]ECTI®N 3.
And further that Part II "Code", Chapter 12.5 "Environmental Protection and Compliance",
Article VIII, "Solid Waste and Recycling", Division 1, "General Provisions", Sec. 12.5-802,
"Operation of City Solid Waste Facilities," of the Code of the City of Fort Worth (1986), as
amended, is amended so that hereafter it shall read as follows:
Section 12.5-$02 ®peration of Convenience Centers.
(a) Convenience Centers are operated in accordance with the rules promulgated
by the Commission, with a concern for protecting the environment and
safeguarding the public health. Each site is, operated in accordance with a
site operating plan that reflects operational standards of the Commission and
provides guidance to site management in the safe handling, transportation,
recycling, and disposal of municipal solid waste.
(b) The Director is authorized to:
Page 3
(1) determine recycling and disposal procedures, authorized users and
methods of operation at Convenience Centers;
(2) regulate traffic at Convenience Centers; and
(3) inspect all incoming wastes at Convenience Centers and reject
materials that would in his judgment, be prohibited from disposal at
the site, interfere with facility operation, create a nuisance by reasons
of emission or disagreeable odor, or adversely affect the health,
safety and welfare of facility operating personnel or the general
public.
SECTION 4.
And further that Part II "Code", Chapter 12.5 "Environmental Protection and Compliance",
Article VIII, "Solid Waste and Recycling", Division 1, "General Provisions", Sec. 12.5-803,
"Special Waste Not Accepted," of the Code of the City of Fort Worth (1986), as amended, is
amended so that hereafter it shall read as follows:
Section 12.5-803 Special Waste Not Accepted.
(a) No person shall place special waste for collection by the Collector, nor
dispose of special waste at any Convenience Center, except as provided by
subsection (b).
(b) Tires, dead animals and pesticide containers maybe accepted as follows:
(1) Fort Worth residents may bring a used or scrap tire that is an
incidental part of a load of household garbage and rubbish to a
Convenience Center. Truckloads of tires shall not be accepted. The
Director shall have the right to refuse to accept any tine or load of
tires.
(2) A dead animal weighing less than five (5) pounds may be placed
for city household collection service if it is first wrapped securely
in newspaper, which is then taped or tied to prevent it from
opening; placed in a disposal trash bag; labeled as to its contents;
and placed in the garbage cart. The Collector has the right to refuse
any dead animal that might pose a health risk to sanitation workers
or the general public.
(3) Pesticide (insecticide, herbicide, fungicide or rodenticide)
containers shall be triple rinsed and rendered unusable before
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being placed for city household collection services, unless the type
of container makes such preparation not feasible. The Collector has
the right to refuse any pesticide container that might pose a health
risk to the Collector or to the general public.
(c) The Director may establish other restrictions on the disposal of solid waste at
Convenience Centers. If such other restrictions are established, the Director
shall post and maintain signs stating such restrictions. The signs shall be
posted at all affected facilities and shall be clearly visible to a reasonable
person.
(d) A person commits an offense if the person places special waste for collection
by the Collector or disposes of special waste at a City Convenience Center.
SECTI®N 5.
And further that Part II "Code", Chapter 12.5 "Environmental Protection and Compliance",
Article VIII, "Solid Waste and Recycling", Division 1, "General Provisions", Sec. 12.5-804,
"Vehicles at City Solid Waste Facilities," of the Code of the City of Fort Worth (1986), as
amended, is amended so that hereafter it shall read as follows:
Section 12.5-804. Vehicles at Convenience Centers.
(a) Motor vehicles hauling solid waste into Convenience Centers shall be
properly covered or otherwise secured to prevent such waste from spilling,
leaking, or blowing from the vehicle.
(b) A person Commits an offense if the person operates a motor vehicle at a City
Convenience Center in violation of subsection (a).
SECTI®N 6.
And fiu-ther that Part II "Code", Chapter 12.5 "Environmental Protection and Compliance",
Article VIII, "Solid Waste and Recycling", Division 1, "General Provisions", Sec. 12.5-805,
"Assumption of Risk of Injury at City Solid Waste Facilities," of the Code of the City of Fort
Worth (1986), as amended, is amended so that hereafter it shall read as follows:
Page S
Sec. 12.5-805. Assumption of risk of injury at Convenience Centers.
Any person entering upon a Convenience Center for any purpose shall be
conclusively presumed to know and appreciate the hazards and the extent of the
damage which accompanies the accumulation of scrap wood, glass, nails, trash,
brush, garbage and waste of every description and the use of trucks and other
vehicles to move or remove same, and every person entering upon a Convenience
Center shall be conclusively presumed to have assumed the risk of injury
connected with or resulting from such hazards and danger by his action in
entering upon such site, and~for and in consideration of the permission granted by
the City to enter upon such every person shall covenant not to sue, and to
indemnify, save harmless and defend the City, its agents, officers or employees,
from and against any and all claims of any nature whatsoever for injury or
damage to person or property, whether real or asserted, arising out of or resulting
from the entry by such person upon any Convenience Center.
SECTI®N 7.
And further that Part II "Code", Chapter 12.5 "Environmental Protection and Compliance",
Article VIII, "Solid Waste and Recycling," Division 2, "Household Collection" of the Code of
the City of Fort Worth (1986), as amended, is amended in its entirety, so that hereafter such
division shall read as follows:
I)IVISI®N 2. H®iTSEH®LI) C®LLECTI®N
Section 12.5-821. City Household Collection Service.
(a) The owners or occupants of single-family residences, duplex residences,
garage apartments, and mobile homes or trailers occupied as dwelling units,
shall be required to use city household collection services. Occupants of
such premises may remove and transport their own solid waste, but shall
receive no credit on their accounts for doing so.
(b) The use of city household collection services shall be optional for:
(1) multi-family dwelling buildings and complexes containing three (3)
or more dwelling units; and
(2) and for any mobile home park whose drinking water supply is
provided by well water or is provided by the City through a common
meter.
Page 6
(c) Individual customers may choose between curb service and carry-out service for
household garbage and rubbish collection and recycling collection. The Director
shall have the authority to designate the location for collection, with consideration
for such factors as: convenience for the Collector; convenience for customers;
hazardous conditions such as cables, utility poles, equipment clearance, animals;
and collection costs.
(d) The Director shall charge a fee for elective carry-out service in an amount
determined by the City Council.
(e) A person requesting disabled carry-out service shall annually submit an
application to the Director for approval. Such application shall be in a form
prescribed by the Director. The application shall be certified by a licensed
physician stating that the applicant is disabled and unable to take his/her garbage
and recyclables to the curb for collection. If applicant's disability is blind, the
certification may also be made by a doctor of optometry.
Section 12.5-822 Preparation of I~ousehold Garbage and Rubbish for
Collection.
Text of section effective through June 29, 2003.
(a) Except as provided in subsection (b), garbage and rubbish shall be placed for city
household collection service only in disposable plastic bags that are designed
specifically for use as trash bags, that are leakproof, of sufficient strength to resist
tearing under normal handling, and securely tied.
(b) In pilot areas designated by the Director, garbage and rubbish shall be placed for city
household collection service only in garbage carts provided by the City. Within a
cart, garbage and rubbish shall be contained in disposable plastic bags. The bags
shall be leak proof, of sufficient strength to resist tearing under normal handling, and
shall be securely tied.
(c) Yard trimmings shall not be placed in garbage bags or garbage carts.
(d) Injurious materials shall be prepared for collection as follows:
(1) Broken glass, animal excrement, hypodernuc needles, sawdust, ashes
and other potentially injurious materials that may cut sanitation
workers or blow into their eyes during loading shall be wrapped
securely and labeled as to their contents before being placed in carts
for collection, so as to protect sanitation workers from injury and
disease.
Page 7
(2) Dead animals weighing less than five (5) pounds shall be wrapped in
accordance with Section 12.5-803(b)(2) before being placed in carts
for collection.
(3) All ashes shall be allowed to stand until cold to the touch before
being placed in carts for collection.
(4) All refuse that is mixed with liquids and all containers of liquids shall
be drained before being placed in carts for collection.
(5) Containers that held household chemicals shall be triple rinsed and
rendered unusable before being placed in carts for collection.
(e) A person commits an offense if the person places garbage or rubbish for collection
in violation of this section.
Section 12.5-822 Preparation of household Garbage and Rubbish for
Collection.
Text of section effective on June 30, 2003.
(a) Except as provided in subsection (b), garbage and rubbish shall be placed for city
household collection service only in garbage carts provided by the City. Within a
cart, garbage and rubbish shall be contained in disposable plastic bags. The bags
shall be leak proof, of sufficient strength to resist tearing under normal handling, and
shall be securely tied.
(b) Plastic bags containing garbage and rubbish may be placed for collection under the
following circumstances, if the bags are designed specifically for use as trash bags,
are leak proof, are of sufficient strength to resist tearing under normal handling and
are securely tied:
(1) A household that is utilizing and paying for two 96-gallon garbage carts may
place an unlimited number of bags of garbage and rubbish for collection next
to the garbage carts, but only after the garbage carts have been filled.
(2) Each household may place up to two garbage bags for collection outside the
garbage cart on the first scheduled collection day following Thanksgiving
Day and Christmas Day.
(c) Yard trimmings shall not be placed in garbage carts.
(d) Injurious materials shall be prepared for collection as follows:
(1) Broken glass, animal excrement, hypodermic needles, sawdust, ashes
and other potentially injurious materials that may cut sanitation
Page 8
workers or blow into their eyes during loading shall be wrapped
securely and labeled as to their contents before being placed in carts
for collection, so as to protect sanitation workers from injury and
disease.
(2) Dead animals weighing less than five (5) pounds shall be wrapped in
accordance with Section 12.5-803(b)(2) before being placed in carts
for collection.
(3) All ashes shall be allowed to stand until cold to the touch before
being placed in carts for collection.
(4) All refuse that is mixed with liquids and all containers of liquids shall
be drained before being placed in carts for collection.
(5) Containers that held household chemicals shall be triple rinsed and
rendered unusable before being placed in carts for collection.
(e) A person commits an offense if the person places garbage or rubbish for
collection in violation of this section.
Section 12.5-823 Preparation of Yard ~'rimmings for Collection.
(a) In order to help the City achieve its state-mandated recycling goal of 40
percent, in order to reduce the amount of material deposited in the City's
landfill and thereby extend the life of such landfill, yard trimmings will be
collected and then taken to an alternate processing facility to be converted
into mulch or compost or beneficially used in an alternate method.
(b) Except as provided by subsection (e), yard trimmings shall be placed for city
household collection service either in kraft paper yard bags supplied by the
residential customer, or in an optional yard trimmings cart purchased by the
residential customer from the City.
(c) Yard bags shall be designed specifically for lawn and garden use, be of a 30=
gallon capacity, and composed of 2-ply, multi-grade wet strength natural
kraft paper.
(d) Only yard trimrings shall be placed in yard trimmings bags or carts for
collection. Plastic bags shall not be used.
(e) Small bundles of brush maybe placed for city household collection service.
Each bundle shall not exceed forty (40) pounds in weight nor exceed four (4)
feet in length nor eighteen (18) inches in diameter. Each bundle shall be
securely tied with one or more bands of twine or string.
Page 9
(f) A person commits an offense if the person places yard trimmings for
collection in violation of this section.
(g) A person commits an offense if the person places a kraft paper yard bag or a
yard trimmings cart for collection that contains material other than yard
trimmings.
Section 12.5-824 Preparation of Recyclables for Collection.
(a) In order to help the City achieve its state-mandated recycling goal of 40 percent,
in order to reduce the amount of material deposited in the City's landfill and
thereby extend the life of such landfill, and in order to reduce the amount of virgin
materials being used in manufacturing, the City strongly encourages its citizens to
participate in the City's household recycling program.
(b) Recyclables shall be placed for city household collection service only in recycling
carts provided by the City.
(c) Except as provided by subsection (d), the following materials may be placed in
recycling carts for collection:
(1) Paper
• Advertising circulars
• Carbonless paper
• Cardboard -cereal boxes (liners removed), soft drink and beer cartons,
dry goods packaging, corrugated cardboard, paper towel and toilet
paper cores. Large boxes must be broken down or cut to fit in the cart
with the lid securely closed.
• Catalogues
• Envelopes -with or without windows
• Junk mail
• Magazines
• Newspapers -all sections
• Office paper -file folders, letterhead, sticky notes, printer paper,
calendars, school papers
• Paperback books
• Paper bags
• Phone books
(2) Metals
• Aluminum drink cans (not flattened)
• Aluminum baking tins (cleaned)
• Steel or tin food cans and lids
Page 10
• Empty aerosol cans (leave spray nozzle on; remove plastic lid unless
part of can)
• Steel paint cans (empty and dry) -remove lid, but recycle also
(3) Glass and Ceramics
• Bottles and jars -remove metal and plastic lids and recycle them
• Ceramics
• China
• Dishes
• Mirrors -must fit inside cart with lid closed
• Windowpanes
(4) Plastics
2 3 ~ ~
PETE HDPE V L.DPE PP PS OTHER
• Bottles, cups and jars with the #1 through #7 recycling symbols on them
• Food trays, tubs and bowls with the #1 through #7 recycling symbols on
them
• Plastic eating utensils
(d) The following materials shall not be placed in a recycling cart for collection:
• Aluminum foil
• Auto glass
• Drink boxes and straws
• Gift wrap
• Greeting cards
• Hardcover books
• Light bulbs
• Paper milk and juice cartons
• Plastic containers that held hazardous materials such as motor oil, paint,
pesticide or weed killer
• Plastic grocery sacks
• Pizza boxes
• Polystyrene foam including cups, formed packing materials and "peanuts"
• Toys
• Waxed paper and waxed food containers
• Garbage or yard trim7.nings
(e) The Director is authorized to add and delete materials to subsections (c) and (d) as
the market for recyclables changes.
Page 11
(f) The Director is authorized to amend preparation requirements for recyclables in
accordance with market variables.
(g) A person commits an offense if the person removes or causes the removal of
recyclables from a recycling container placed for collection.
(h) It is an exception to an enforcement action brought for a violation of
subsection (g) that the person was a member of the household that placed the
recyclables for collection, or a sanitation worker employed by the Collector
who is engaged in city household collection service.
(i) A peace officer acting in his or her official capacity is exempt from subsection (g).
(j) A person commits an offense if the person places garbage or rubbish in a recycling
cart for collection.
Section 12.5-825 Placement of Garbage, Yard Trimmings, and Recyclables
for Curbside City I~ousehold Collection Service.
(a) Garbage carts, garbage bags, recycling carts, kraft paper bags with yard trimmings,
yard trunnung carts, and small bundles of brush shall be placed at the curb no later
than 7:00 a.m. on the scheduled collection day, and no earlier than 6:00 p.m. on the
day preceding the scheduled collection day. All carts shall be removed from the
curb, and from public sight, by 11:59:59 p.m. of the scheduled collection day.
(b) Garbage carts, garbage bags, recycling carts, kraft paper bags with yard trimmings,
yard trimmmings carts, and small bundles of brush shall not be placed in the street or
on a sidewallc.
(c) Carts shall be placed for collection at the curb:
(1) With the lids closed;
(2) With the handles facing away from the street; and
(3) With a minimum clearance of two feet to each side of the cart and a half foot
to the rear of the cart from any fence, gas or water meter, fire hydrant, utility
pole, utility box, tree, or shrub that could be damaged by collection
equipment or other collection container, bundles of brush, or other
obstruction.
(d) Carts placed for collection shall not exceed the following weights when loaded:
• 32-gallon cart -150 pounds
• 64-gallon cart - 200 pounds
• 96-gallon cart - 250 pounds
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(e) Kraft paper yard bags shall be placed for collection at the curb with their tops rolled
shut to prevent the contents from blowing, and shall be at least two feet from any
cart.
(f) A person corrunits an offense if the person places garbage carts, garbage bags,
recycling carts, kraft paper yard bags, or yard trin:unings recycling carts for
collection in violation of this section.
(g) A person commits an offense if the person blocks access to or causes access to be
blocked to a cart that has been placed for collection at the curb.
Section 12.5-826 Placement of Garbage and Itecyclables for Carry-Out City
~Iousehold Collection Service.
(a) Household garbage and rubbish shall be prepared for carry-out household
collection service as required by Section 12.5-822, and the cart placed at a
point adjacent to the dwelling with the lid securely closed.
(b) Recyclables shall be prepared for carry-out household collection service as
required by Section 12.5-824, and the cart placed at a point adjacent to the
dwelling with the lid securely closed.
(c) Carts placed for carry-out collection shall not exceed the following weights when
loaded:
32-gallon cart -150 pounds
64-gallon cart - 200 pounds
96-gallon cart - 250 pounds
(d) A person commits an offense if the person places garbage and rubbish and
recyclables for carry-out collection in violation of this section.
Section 12.5-827 Maintenance 'and Storage of Carts.
(a) A garbage or recycling cart supplied to a customer by the City for use at the
resident's premises remains the property of the City of Fort Worth. It is
assigned to a specific address, and may be removed from the resident's
address only by the Director or the Director's contractor.
(b) No person other than the Director or the Director's contractor shall alter any
markings on a cart nor add markings to a cart.
(c) A resident shall be responsible for keeping clean all carts that have been
supplied by the City for the resident's use.
Page 13
(d) A resident shall promptly notify the Director of the theft of a garbage or
recycling cart or any need for repair or replacement of a garbage, recycling,
or yard waste cart.,
(e) When not placed for collection, carts shall be stored by the resident in a
secure place at their residence. The carts shall be stored so as not to be
visible to a person standing in the right-of--way of any public street adjacent
to the residence.
(f) A person commits an offense if the person violates this section.
Section 12.5-828 Big Trash and Brush.
(a) Up to four big trash and brush collections shall be provided annually at no additional
charge to each household receiving city household collection service. The City may
provide additional big trash and brush collections to a household at a rate determined
by the City Council.
(b) A person shall place big trash and brush for collection only after they have called the
Department of Environmental Management Solid Waste Customer Service Center
and requested collection service.
(c) Big trash and brush shall be placed for collection as follows:
(1) To facilitate machine loading, materials shall be placed neatly and in as tight
a stack as possible at a point adjacent to the front curb. Materials shall be
stacked away from utility poles, water and gas meters, fences, mail boxes,
fire hydrants, trees, parked cars, power lines, and other obstructions to
prevent damage by collection equipment.
(2) Materials shall not be placed in the street, in an alley, on the sidewallc, or on
a vacant lot.
(3) Brush, limbs, and stumps shall be stacked separately from furniture,
appliances, and other big trash items.
(4) Maximum set out shall be ten (10) cubic yards per collection event.
(5) All tree trimmings and limbs placed for collection shall be in stacks that are
no more than eight (8) feet in length. Individual limbs or stumps shall be cut
so that they do not exceed eighteen (18) inches in diameter.
(6) Refrigerators, freezers, dehumidifiers, air conditioning units, and other
appliances must be free of CFCs/HCFCs. These items shall not be collected
until the resident has provided proof to the Collector that CFCs/HCFCs have
been removed from the appliance by a licensed technician.
Page 14
(d) A person commits an offense if the person places big trash and brush for collection
without having first requested collection service from the Customer Service Center.
(e) A person commits an offense if the person places big trash and brush for collection
in violation of subsection (c)
Section 12.5-829 reserved
SECTION 8.
And further that Part II "Code", Chapter 12.5 "Environmental Protection and Compliance",
Article VIII, "Solid Waste and Recycling," Division 3, "Commercial Services," Section 12.5-
830, "Commercial Collection Service," of the Code of the City of Fort Worth (1986), as
amended, is amended so that hereafter it shall read as follows:
Sectioa~ 12.5-830. CoHnraaercial Collection Service in Carts.
(a) Certain commercial premises, business premises, houses used for non-
residential purposes, and multi-family dwelling buildings and complexes, as
determined by the Director, may request City commercial collection services
for the collection of commercial garbage and rubbish.
(b) The provisions of Division 2 of this Chapter shall apply to any person using
this service.
(c) A person commits an offense if the person places waste for collection in
violation of this section.
SECTION 9.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in
direct conflict with the provisions of such ordinances and such Code, in which event conflicting
provisions of such ordinances and such Code are hereby repealed.
Page 15
SECTION 10.
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 unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such 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 in this ordinance of any
such unconstitutional phrase, clause, sentence; paragraph or section.
SECTION 11.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than two thousand dollars ($2,000.00) for each offense. Each day that a violation
is permitted to exist shall constitute a separate offense:
SECTION 12.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and
all violations of the provisions of the ordinances amended in Sections 1-8, 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 ordinances, same
shall not be affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 13.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the
caption and Section 11 of this ordinance for two (2) days in the official newspaper of the City of
Page 16
Fort Worth, Texas, as authorized by Section 2, Chapter XXV of the Charter of the City of Fort
Worth, Texas and by Section 52.013, Texas Local Government Code.
SECTI®N 14.
This ordinance shall be in full force and effect on March 31, 2003, after its passage and
publication as required by law, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
DAVID YETT, CITY ATTO~Y
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ASSISTANT ITY ATTO
DATE: C~ ' ~ `,'~ - ~ ~,
EFFECTIVE: ~' ~ ~-' ~ ~J
Page 17
C'i-ty of FOYt W®Yth, ~'exas
Mayor end Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
2/25/03 G-13899 52CODE 1 of 2
SUBJECT ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12.5, ENVIRONMENTAL
PROTECTION AND. COMPLIANCE, OF THE CITY CODE. DUE TO CHANGES IN
SOLID WASTE SERVICES
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 12.5 of the
City Code (1986) related to Solid Waste Services effective March 31, 2003.
DISCUSSION:
In November 2002, the City Council authorized City staff to execute several contracts for the collection,
processing and transportation of solid waste and recyclables in the City. The City's .solid waste service
for such waste and material was redesigned by the City Council and reflected in the Request for
Proposal negotiation process and execution of these contracts. In an effort to fully support and enforce
these changes, the City's Solid Waste Ordinance should be amended to reflect the proper terminology,
schedules, and methods the new solid waste plan will utilize and call upon citizens to understand. The
amendments to Chapter 12.5 of the City Code which reflect the changes to the City's solid waste plan
are as follows:
• Section 12.5-103 "Definitions" lists the new service terms associated with the program; and
• Section 12.5-802 "Operation of Solid Waste Facilities" is amended to be "Operation of
Convenience Centers"; and
• Section 12.5-803 "Special Waste Not Accepted" is amended to specify when and how tires,
dead animals and pesticide containers may be accepted for curbside collection or disposal at
Convenience Centers; and - ,
• Section 12:5-804 "Vehicles at City Solid Waste Facilities" is changed to "Vehicles at
Convenience Centers" requiring motor vehicles hauling solid waste into the .Convenience
Centers to be properly covered and secured to prevent waste from spilling, leaking or blowing
from the vehicle; and
• Section 12.5-805 "Assumption of Risk of Injury at City Solid Waste Facilities" is amended to be
"Assumption of Risk of Injury at Convenience Centers"; and
• Section 12.5-821 "City Household Collection Service" is amended in its entirety to reflect the
new program; and
• Section 12.5-822 "Preparation of Household Garbage and Rubbish Collection" is amended to
specify the use of bags for pickup through June 29, 2003, and the use of carts for pickup starting
June 30, 2003, as well as the rules for proper use of the carts; and
City of FoYt Worth, Texas
DATE
Mayor a nd
REFERENCE NUMBER
Council
LOG NAME
Communication
2/25/03 G-13899 52CODE 2 of 2
SUBJECT ADOPTION OF AN .ORDINANCE AMENDING CHAPTER 12.5, ENVIRONMENTAL
PROTECTION .AND COMPLIANCE, OF THE CITY CODE DUE "f0 CHANGES IN
SOLID WASTE SERVICES
® Section 12.5-823 "Preparation of Yard Trimmings for Collection" outlines the new procedures for
yard waste collection; and
® Section 12.5-824 "Preparation of Recyclables for Collection" specifies the use of~ carts for
collection, details all materials that can. and should be recycled and all materials that cannot be
recycled; and
• Section 12.5-825 "Placement of Garbage, Yard Trimmings and Recyclables for Curbside City
Household Collection Service" outlines amounts, methods and set out/removal times for carts and
Kraft bags; and
® Section 12.5-826 "Placement of Garbage and Recyclables for Carry-Out City Household
Collection Service" details changes for carry-out service; and
,:. ~,:-„
® Section 12.5-827 "Maintenance and Storage of Carts" specifies resident's obligations for
maintenance and storage of their carts; and
Section 12.5-828 "Big Trash and Brush" provides for four big trash and brush collections each
year, as well as size and placement requirements for this material; and
Section .12.5-$30 "Commercial Collection Service in Carts" specifies the new program as it
applies to certain commercial establishments requesting City commercial collection services.
This ordinance amendment shall take effect March 31, 2003, except as noted in Section 12.5-822.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
LW:k
Submitted for City Manager's
Office by:
Libby Watson
Originating Department Bead:
Brian Bberner
Additional Information Contact:
.3rian Boerner
FUND (ACCOUNT ~ CENTER ( AMOUNT
(to) .
6183
8079 I (from)
8079
CITY SECRETARY
APPROVED 2/25/03
ORD. #15463