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HomeMy WebLinkAboutOrdinance 0489 - ~ ORDINANCE NO. 489 .~ . AN ORDINANCE TO BE KNOWN AS THE GARBAGE DISPOSAL ORDINANCE OF NORTH RICHLAND HILLS, TEXAS; DEFINING THE VARIOUS KINDS OF GARBAGE, TRASH, AND RUBBISH; REGULATING THE KINDS AND SIZE OF RECEPTACLES IN WHICH TO PLACE SAME, THE MANNER OF ITS PREPARATION AND WHERE IT MUST BE PLACED TO BE COLLECTED BY THE CITY GARBAGE FACILITIES; PROVIDING REGULATIONS FOR COLLECTING SAME, AND PROHIBITING THE PLACING OF GARBAGE OR ANY ARTICLE OR MATERIAL IN THE STREETS AND ALLEYS OF NORTH RICHLAND HILLS, TEXAS; PROVIDING FOR SERVICE CHARGES; PROHIBITING THE MEDDLING, SCATTERING CONTENTS, PILFERING, OR JUNKING, WITH GARBAGE CANS, TRASH OR RUBBISH WITHIN THE LIMITS OF SAID CITY; PROHIBITING THE COLLECTION OF GARBAGE, TRASH OR RUBBISH WITHIN THE CITY LIMITS BY OTHER THAN THOSE DULY LICENSED FOR SUCH PURPOSE BY THE CITY COUNCIL; PROVIDING THE FORM OF APPLICATION TO BE FILED WITH THE CITY COUNCIL TO SECURE SUCH PERMIT; PRESCRIBING PENALTIES; EACH DAY THAT SUCH VIOLATION CONTINUES SHALL CONSTITUTE A SEPARATE AND DISTINCT OFFENSE: FURTHER PROVIDING IN CASE OF WILLFUL VIOLATION HEREOF, THE VIOLATION OF THE TERMS OF THIS ORDINANCE AS A MISDEMEANOR SHALL NOT PRECLUDE NORTH RICHLAND HILLS FROM INVOKING THE CIVIL REMEDIES GIVEN IT BY THE LAWS OF THE STATE OF TEXAS, BUT SAME SHALL BE CUMULATIVE AND SUBJECT TO PROSECUTION AS HEREIN ABOVE PRESCRIBED FOR SUCH VIOLATIONS; FURTHER PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND FOR AN EFFECTIVE DATE THAT SUCH ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER THE DATE OF ITS ADOPTION AND PUBLICATION AS BY LAW PROVIDED. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. This ordinance shall be known as the Garbage Disposal Ordinance of North Richland Hills, Texas. The word "premises" as used in this ordinance shall be taken to mean business houses, boarding houses, offices, theaters, hotels, restaurants, cafes, eating houses, tourist and trailer camps, apartments, sanitariums, clinics, rooming houses, schools, industrial plants, private residences, vacant lots, and all other places within the limits of the City of North Richland Hills, Texas, where garbage, trash or rubbish accumulates in ordinary quantities. The various kinds of garbage shall be defined as follows: A. By the term Kitchen Garbage as used in this ordinance is meant dry kitchen refuse, all meat, vegetable and fruit refuse, small dead animals and fowl s . . B. By the term Dry Kitchen Refuse is meant the solids after the liquid or slop has been drained off. ¡ '-- r .~ . C. By the term Trash as used in this ordinance is meant paper of all kinds, rags, old clothing, paper containers, tin cans, bottles, feathers, and glass. D. By the term Rubbish as used in this ordinance is meant old rubber, pieces of wood, boxes, barrels, weeds and grass, tree limbs and shrubs, old furniture and water heaters, scraps of iron, tin, wire or any other metals. II. I i! It shall be the duty of every person, firm, or corporation owning, managing, operating, leasing or renting any premises, or any place where kitchen garbage accumulates, to provide a portable garbage can constructed of galvanized iron, tin, or other suitable metal, with two handles and a tight fitting cover, of a capacity not less than ten (10) gallons, nor over thirty (30) gallons or other containers approved by the City Manager, and the daily accumulation of kitchen garbage, dry kitchen refuse, and trash shall be placed in said garbage can. It shall also be the duty of every person, firm or corporation owning, managing, operating, leasing or renting any premises to place rubbish from said premises in containers where it may be done; provided, however, that rubbish such as tree limbs or other articles that cannot easily be placed in containers shall not be required to be so placed. . Garbage cans containing kitchen garbage, dry kitchen refuse and trash shall be placed inside the property line at the edge of the alley, where there is no fence; where there is a back fence with alley gate, garbage cans containing garbage, dry kitchen refuse, and trash shall be placed against inside of fence at side of alley gate; if there is no alley gate, there shall be built a platform against inside of fence below top of fence so that garbage collecting vehicles can drive close to the fence and lift the garbage cans over the fence; and where there is no alley all garbage cans shall be kept in the rear of any dwelling until 9:00 p.m. on the day preceding garbage collection for such location. Tree limbs, boxes, sacks, barrells, or other receptacles containing rubbish shall be placed at the curb in front of the premises no sooner than 9:00 a.m. preceding the day set for the collection of such rubbish by the collector. III. I, Heavy accumulations such as brick, broken concrete, lumber, ashes, clinkers, dirt and plaster, and or gravel, automobile frames, dead trees and other bulky, heavy material shall be disposed of by the owner or person controlling same, under the direction of the City Manager. II :l IV. Waste oils from garages or filling stations shall be disposed of at the expense of the party responsible for same under the direction of the City Manager. . ~ ~ ~ V. . No collection of kitchen garbage, dry kitchen refuse, trash or rubbish will be made, where same is not prepared for collection and placed as designated by the terms of this ordinance, and failure to comply with this provision will be a violation hereof, and subject to the penalty herein provided. VI. It shall be unlawful to place any kitchen garbage, dry kitchen refuse, trash or rubbish in any street or alley within the limits of North Richland Hills. VII. The disposal of kitchen garbage, dry kitchen refuse, trash or rubbish, and that designated under Sections IV, V and VI of this ordinance, or any kind of rubbish in any place within the city limits or within 5000 feet outside of the city limits, is prohibited. VIII. The meddling with garbage cans and rubbish receptacles or in any way pilfering, scattering contents or junkings in any alley or street within the city limits is prohibited. . IX. No person, firm, or corporation shall hereafter collect kitchen garbage, dry kitchen refuse, trash or rubbish within the limits of North Richland Hills, Texas, without first having obtained from the City Council, under the provisions of this ordinance, a franchise for such purpose; provided, however, that nothing herein contained shall prevent persons from disposing of their own dry kitchen garbage, trash or rubbish individually, and provided if such is done that it is done within the terms of this ordinance and particularly paragraph VII hereof. Persons or firms granted a franchise for commercial collection must also offer domestic collection within the City Limits of North Richland Hills. X. . A. Application for a franchise to collect kitchen garbage, dry kitchen refuse, trash, or rubbish within the city limits shall be made in writing to the City Council and shall set forth the name and address of the applicant, the trade number under which he proposed to do business, the number, kind and size of vehicles the applicant proposes to operate, the nature and character of service that the applicant proposes to render, rates to be charged for such service, location of dumping grounds, and applicant's financial ability to respond in damages in the event of injury to person or persons, or damage to property, by reason of negligence of employees, or negligent operation of motor vehicles. Applicant must state amount of franchise fee to be paid to the City of North Richland Hills. ~ ~ . B. All applicants recelvlng a franchise or contract to collect garbage, dry kitchen refuse, trash or rubbish within the city limits of North Richland Hills, Texas, shall be required to furnish a good and sufficient contract bond in such amount as may be required by the City Council to indemify the said city for any and all damages sustained by said city, growing out of, or by reason of a breach of any agreement or the provisions of any contract or permit issued and shall further furnish such city certificates of insurance in such amount as may be required by the City Council, designating therein North Richland Hills, Texas, as co-insured, indemnifying the said City for any and all damages that may be sustained by reason of injury to persons or damage to property due to negligence of contractor or permitee or his employees, or negligent operation of motor vehicles operated by said contractor or permitee and his employees. XI. Garbage cans shall be kept in a sanitary condition and closed tightly, lime must be used at places where receptacles for the garbage, dry kitchen refuse, trash and rubbish are located to be collected as provided herein, to eliminate odors and flies. The contents of all receptacles shall be so protected that the wild cannot claw and scatter same over the streets, alleys, and premises of the city and its inhabitants. XII. . Kitchen garbage, dry kitchen refuse; and trash shall be prepared for collection to be made not less than two times each week, or as often as may be necessary to comply with sanitary regulations of the city. Rubbish shall be prepared for at least one collection each week, the time of such collections to be announced by the City Manager. XIII. There Shðll be charged, assessed and collected from each person, firm or corporation within the city limits such service charges as are fixed and approved by the City Council for garbage, refuse, trash and rubbish collection and disposal. Provided, however, when the capacity of any container shall exceed thirty (30) gallons, and that all cans containers containing garbage, refuse, trash and rubbish for collection, are not placed at a point which is readily accessible to the collector as herein provided, the City Manager may authorize an assessment of an additional charge by reason thereof. XIV. It shall be unlawful for any person, firm or corporation to burn any garbage, dry kitchen refuse, trash or rubbish within the limits of North Richland Hills, Texas. XV. . A. Any person, firm or corporation violating any of the prOV1Slons of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in a sum not less than Ten ($10.00) Dollars nor more than Two Hundred ($200.00) Dollars; each day that such violation continues shall constitute a separate and distinct offense. ~ / _/ r- ~ . B. But in case of any willful violation of any of the terms and provisions of this ordinance, North Richland Hills, Texas, in addition to imposing the penalties above provide, may institute any appropriate action or proceedings in any court having proper jurisdiction, to restrain, correct or abate such violation; and the definition of any violation of the terms of this ordinance as a misdemeanor, shall not preclude North Richland Hills from invoking the civil remedies given it by the laws of the State of Texas, but same shall be cumulative and subject to prosecution as hereinabove prescribed for such violation. The City Council may cancel any franchise without penalty at anytime for good and sufficient reason. XVI. This ordinance shall be cumulative of all other sanitary ordinances or regulations of North Richland Hills, Texas, unless in conflict with the terms of said ordinances or regulations, in which case the terms of this ordinance shall prevail. XXI I. This ordinance shall become effective and be in full force and effect from and after the date of its adoption and publication as by law provided. PASSED AND APPROVED this 27th day of August , 1973. . -, l~ -" - / ?J;;;h/ ~ (x:7~ I:MAR~~AYO~ ATTEST: fl~ > I2J DON~IR$A, CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: ~~c~~¿l~ ;. ........ ...... LEGAL AFFIDAVIT ATTACH LEGAL COPY HERE THE STATE OF TEXAS: COUNTY OF TARRANT : Before me, the undersigned authority on this day personally appearedEleanor Lpwis known to me to be a credible person. who first being sworn, deposed and upon her oath said: Bookkeeper Mid Cities Daily News That she is the of the , a newspaper which has been regularly and continuously published and of general circulatiOtl in the City/Town of Hurst , for a period of more than one year next preceding the first publication of the attached Legal Notice and that he caused said notice to be published in said newspaper on the following date/so 9/9/73 9/1f./73 That the attached is a true and correct copy of said notice as pub- lished on said date/s in said Mjd Cities Daily News ê ~ h~~ C\~~ Sworn to and subscribed before me, this thel.D2.day of nt"! , 19 'Z.l... ~ bIle, TarrB.nt County, Texas Form -- 110 ORDINANCE NO, 489 AN OftDIl\ANCE TO BE KNOWN AS THE GARBAGE DISPOSAL ORDINANCE OF NORTH RICHLAND HILLS, '1 EXAS; DEFINING THE VARIOUS KINDS OF GAR- BAGE, TRASH, AND RUB- BISH; REGULATING THE KINDS AND SIZE OF RECEP- T ACLES IN WHICH TO PLACE SAME, THE MAN- NER OF ITS PREP ARA TION AND WHERE IT MUST BE PLACED TO BE COLLECTED BY THE CITY GARBAGE FACILITIES; PROVIDING REGULA TIONS FOR COL- LECTING SAME, AND PRO- HIBITING THE PLACING OF GARBAGE OR ANY ARTICLE OR MA TERIAL IN THE ~TREETS AND ALLEYS OF . ORTH RICHLAND HILLS, ,EXAS; PROVIDING FOR ~ERVICE CHARGES; PROHI- ÌBITING THÉ MEDDLING, ~CATTERING CONTENTS, /pILFERING, OR JUNKING, twITH GARBAGE CANS, trRASH OR RUBBISH WITHIN '!t ., HE LIMITS OF SAID CITY; , ROHIBITING THE COLLEC- , ION OF GARBAGE, TRASH 'R RUBBISH WITHIN THE ~ITY LIMITS BY OTHER It'.HAN THOSE PROVIDING þUL Y, LICENSED FOR SUC, H rURPOSE BY THE CITY ~OUNClL; PROVIDING THE f'ORM OF APPLICATION TO ~E FILED WITH THE CITY èOUNCIL TO SECURE SUCH PERMIT; PRESCRIBING, PENAL TIES; EACH DA Y THA T SUCH VIOLA TION CoNTINUES SHALL CONSTI- rYTE A SEP ARA TE AND ,QISTINCT OFFENSE: FUR- mER PROVIDING IN CASE OF WILLFUL VIOLA TION aEREOF, THE VIOLATION OF THE TERMS OF THIS ÖRDINANCE AS A MISDE- MEANOR SHALL NOT PRE- CLUDE NORTH RICHLAND HILLS FROM INVOLING THE CIVIL REMEDIES GIVEN IT BY THE LA WS OF THE $1A TE OF TEXAS, BUT SAME SHALL BE CUMULA- 'tfYE AND SUBJECT TO P,cROSECUTION AS HEREIN ABOVE PRESCRIBED FOR SW,CH VIOLATIONS; FUR- ~$R PROVIDING FOR ræPEAL OF ALL ORDI- NANcEs OR PARTS OF OR- Þ1NANCES IN CONFLICT ~EWITH; AND FOR AN tll'FECTIVE DATE THAT ~H ORDINANCE SHALL IÜ£', IN FULL FORCE AND ,EWfECT FROM, AND AFTER TÃj DATE OF, ITS ADOP- TtÓN AND PUBLJCA TION AS BY LAW PROVIDED, . B~ IT ORDAINED BY 'I'J-lF. CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: XV. A. Any person, firm or corpor- ation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon convic- tion thereof, shall be fined in a sum not less than Ten ($10.00) Dollars nor more than Two Hundred ($200.00) Dollars; each day that such violation continues shall constitute a separate and distinct offense. B. But in case of any willful violation of any of the terms and provisions of this ordi- nance, North Richland Hills, Texas, in addition to imposing the penalties above provide, may institute any appropriate action or proceedings in any court having proper jurisdic- tion, to restrain, correct or abate such violation; and the definition. of any violation of the terms of this ordinance as a misdemeanor, shall not pre- clude North Richland Hills from invoking the civil reme- dies given it by the laws of the State of Texas, but same shall be cumulative and subject to prosecution as hereinabove prescribed for such violation. The City Council may cancel any franchise without penalty at anytime for good and suffi- cient reason. PASSED AND APPROVED this 27th day of August, 1973. -s-MARION L. MASSEY CITY OF NORTH RICH LAND HILLS, TEXAS ATTEST: -s-DONNA PARISH, CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: -s-TIM TRUMAN, CITY ATTORNEY MCDN PN No. 7677 Pub. 9-9, 9-16-73