HomeMy WebLinkAboutOrdinance 3130 ORDINANCE NO.
AN ORDINANCE PROHIBITING THE PLACING OF DISCARDED OR ABAN-
DONED REFRIGERATORS, ICE BOXES OR SIMILAR CONTAINERS OUT-
SIDE ANY BUILDING OR DWELLING ACCESSIBLE TO CHILDREN; AND
PROVIDING A PENALTY NOT TO EXCEED ONE HUNDRED DOLLARS
($100.00) FOR THE VIOLATION THERECF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY CP FORT WORTH, TEXAS:
SECTION 1.
It'shall be unlawful for any person, firm or corporation in the
City of Fort Worth to place or allow to be placed outside any building or
dwelling in a location accessible to children any discarded or abandoned re-
frigerator, ice box or other similar container with a door or doors that
may become locked.
SECTION 2.
Discarded or abandoned refrigerators, ice boxes and similar con-
tainers with doors that may become locked, located or allowed to be located
on premises outside buildings or residences and accessible to children, are
hereby declared to be dangerous and to constitute a public nuisance and a
serious menace to life, since it is generally known that children of tender
years are likely to enter and become locked in said air-tight containers.
SECTION j.
The duties of this ordinance are imposed alike on the owner of
the refrigerator, ice box or other container and the owner or occupant of
premises where-the receptacle,is permitted to remain.
SECTION 4.
Any person, firm or corporation violating any of the provisions
of this ordinance shall be fined in any sum not to exceed One Hundred Dollars
($100.00), and each day's violation of said ordinance shall constitute a
separate offense.
SECTION 5.
This ordinance shall take effect and be in full force and effect
from and after the date of its passage and publication as required by law.
-APPROVED AS TO FORM:
City Attorney
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 2206
M pPT'pl0
�Qi n7*1To the Mayor and Members of the City Council July 6, 1973
u�i
xrEXPyi Subject: ABANDONED REFRIGERATOR ORDINANCE
1!7]
The City Council at its meeting on June 11, 1973, requested the staff
to review the Abandoned Refrigerator Ordinance to determine if it
provided the City with sufficient regulatory powers to cope with the
problem of abandoned refrigerators and freezers. After reviewing the
Abandoned Refrigerator Ordinance, it is the staff's opinion that the
ordinance as written is sufficient to regulate the problem of discard-
ed refrigerators, ice boxes, and similar containers. The ordinance
does not place responsibility of enforcement on any one department
within the City. The Health Department, the Police Department, the
Building Inspection Division, and the Fire Department all have enforce-
ment authority. These departments can, through their routine inspec-
tion and patrol duties, require people with such appliances around
their residence or place of business to render these items safe. After
notification, if they have not been rendered safe, citations can be
issued for violation of the ordinance.
The only problem which has been encountered relative to enforcing the
existing ordinance is in locating all of the discarded refrigerators,
ice boxes and freezers, and in many cases determining who is respons-
ible for them once they are located. When items have been found on
private property and the owner of the property can be located, there
has been no problem in getting the doors or locks removed, thereby,
eliminating the hazard of children being locked in. There have been
many of these items which have been discarded in out-of-the-way places,
many times on public property. Unless someone is actually caught in
the act of disposing of such items, there is no way of finding out who
is responsible for them. When members of the Health Department locate
such an abandoned refrigerator, they are under standing orders to
remove the lock, thus immediately rendering the refrigerator safe.
In summary, it is the staff's opinion that the present Abandoned
Refrigerator Ordinance is sufficient to provide for proper enforcement.
The only problem thus encountered is in locating many of the refrigera-
tors and freezers which have been abandoned and in some instances when
they have been located in determining who is responsible for them.
* * * * * * * * * *
If the City Council desires any additional information on this matter,
it will be supplied upon request.
Respectfully submitted,
R. N. Line
City Manager
RNL:KN:bc
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS