HomeMy WebLinkAboutOrdinance 7820 ORDINANCE NO. ��
AN ORDINANCE AMENDING CHAPTER 16-GARBAGE, OF
THE CODE OF THE CITY OF FORT WORTH, TEXAS,
(1964) , AS AMENDED, BY ADDING SECTION 16-21
ENTITLED DUMPING LIMITED, WHICH RESTRICTS
PRIVATE DUMPING OF WASTE, TO INCLUDE THE
GENERAL PUBLIC AS WELL AS COMMERCIAL DUMPING,
AT THE CITY OWNED LANDFILLS; MAKING THIS
ORDINANCE CUMULATIVE OF OTHER ORDINANCES AND
PROVISIONS OF THE CITY CODE; PROVIDING A PENAL
CLAUSE AND NAMING AN EFFECTIVE DATE.
WHEREAS , the City Council of the City of Fort Worth,
Texas, has duly inquired into the wisdom and propriety of permitting
continued indiscriminate use of City owned .landfills ; and
WHEREAS , after public hearings on the subject, duly
noticed in accordance with the requirements of Article 6252-17,
Revised Civil Statutes of Texas, it appears that the long-range
interests of the citizens of the City of Fort Worth will be best
served by adopting a policy restricting and regulating the dumping
of solid waste at City owned landfills by all persons , firms and
corporations; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH:
SECTION 1.
That Chapter 16 - GARBAGE, of the Code of the City of
Fort Worth, Texas (1964) , as amended, is hereby amended by adding
a new Section 16-21 entitled "Dumping Limited, " thereto, which
Section shall be and read as follows :
"Section 16-21. Dumping Limited.
" (a) Dumping at municipal solid waste facilities owned by the
City of Fort Worth shall be limited as follows :
" (1) 2500 Brennan Avenue (North Central Sanitary. Landfill)
is limited to dumping by City Sanitation forces, dumping by
City employees or contractors with the City of refuse
resulting from the activities of other departments of the
City government, and dumping by the Texas Highway Department
of refuse collected from rights-of-way of public streets and
highways. Dumping by all other persons, firms or corporations
at the North Central Sanitary Landfill shall be unlawful.
" (2) 6901 Randol Mill Road (Northeast Sanitary Landfill) is
limited to dumping by private citizens of the City of Fort
Worth hauling solid waste in a passenger automobile, station
wagon or 3/4 ton pickup truck; dumping by City of Fort Worth
Sanitation forces; dumping by City of Fort Worth employees
or contractors with the City of Fort Worth of refuse resulting
from the activities of or on behalf of departments of City
government; and dumping by the Texas Highway Department of
refuse collected from rights-of-way of public streets and
highways . Dumping by all other persons, firms or corporations
at the Northeast Sanitary Landfill shall be unlawful.
" (3) Dumping by persons, firms and corporations at the City
owned municipal solid waste disposal facility located on the
east bank of Village Creek, west of the City of Kennedale and
within the City of Fort Worth (Southeast Sanitary Landfill) ,
shall be permitted subject to the permit requirements, payment
of dumping fees and such other and further regulations as are
or may be elsewhere provided in this Code.
" (b) The Director, Public Works Department, is directed to post at the
primary entrance to the North Central Sanitary Landfill a sign not less
than 3 feet by 3 feet in size bearing the legend
" ' No Public Dumping - $1 to $200 Fine.. '
"The presence of such a sign shall not, however, be required for the
purposes of criminal prosecution under subsection (a) (1) of this
Section."
SECTION 2 .
That this ordinance shall be cumulative of all provisions of the
Code of the City of Fort Worth (1964) , as amended, and all other ordi-
nances of the City of Fort Worth, except in those instances where the
provisions of- this ordinance are in direct conflict with the provisions
of such Code or other ordinances, in which instances said conflicting
provisions of such Code or other ordinances are hereby repealed.
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Alternative #1
SECTION 3.
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 unconstitutional by the valid judgment or
final decree of any court of competent jurisdiction, such voidness,
ineffectiveness or unconstitutionality shall not affect any 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 4.
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 pro-
visions 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 5.
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:
City Attorney
ADOPTED: C(JTe�&E02, 1 i!; I G 7�
EFFECTIVE:
Cit o Fort Worth Texas
HICKS City f
� RCNERT BROWN
Mayor
/p� a o 9 and Council Communication
13A161KF ��/� ���///�J
� MTw DATE REFERENCE SUBJECT: Proposed Ordinance Restricting PAGE
NUMBER Dumping at City-owned Landfills
bokt 9/26/78 G-3942 i or 1
G ATJQRIiEY
On June 27 , 1978, the City Council adopted a policy prohibiting private com-
mercial waste haulers from using City landfills and directed the staff to
develop the most cost-effective model under these guidelines, using a private
landfill system, and to proceed with the immediate evaluation and development of
a proposal with regard to resource recovery and energy production. The Council
requested the staff to implement the policy prohibiting private commercial waste
haulers from using City landfills within 60 days.
On August 1 and 8, 1978, public hearings were conducted on the proposal.
Proposed Ordinance
In response to the Council request, an ordinance has been prepared amending the
City Code, Chapter 16 - Garbage, to limit use of the Northeast and North Central
Landfills to dumping by City Sanitation forces, dumping by City employees or
contractors of refuse resulting from activities of City departments, and dumping
by the Texas Highway Department of refuse collected from public street and
highway rights-of-way. The ordinance will provide a penalty not to exceed $200
per day for public dumping at these sites.
Dumping by persons, firms, and corporations will be permitted at the Southeast
Landfill subject to permit requirements, payment of fees and other existing
regulations.
Recommendation
It is recommended that an ordinance be adopted restricting dumping at City-owned
landfills as described above.
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SUBMITTED BY: DISPOSITION COUNCIL: PROCESSED
PPROVED ❑ OTHER (DESCRIBE)
ADOPTED ORDINANCE NO C14 SECR ARY
DATE 7
CITY MANAGER n