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HomeMy WebLinkAboutOrdinance 0024 - - e . ORD I NANCE NO. '1. J 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 RICHLANDHILLS 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 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 NORTH RICHLAND HILLS, TEXAS: I . 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 residenses, vacant lots, and all other places within the 1 imits of North Richland Hills, Texas, where garbage, trash or rubbish accumulates in ordinary quantities. The variues kinds of garbage sha11 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 fowls. (b) By the term DRY KITCHEN REFUSE is meant the sol ids after the I iquid or slop has been drained off. (c) By the term TRASH as used in this ordinance is meant paper of all kinds, rags, old c10thing, 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 1 imbs and shrubs, old furniture and water heaters, scraps of iron, tin, wire or any other metals. II. 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 - e e . 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, 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 corpora- tion 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 I imbs 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 I ine at the edge of the alley, where there is no vence; where there is a back fence with alley gate, garbage cans containing garbage, dry kitchen rafuse, 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 1 ife the garbage cans over the fence; and where there is no alley all garbage cans shall be kept in the rear of any dwelling, from which site the garbage collector shall remove same. Tree 1 imbs, boxes, sacks, barrells, or other receptacles con- taining rubbish shall be placed at the curb in front of the premises on the day set for the collection of such ribbish by the collector. " I . Heavy accumulations such as brick, broken concrete, lumber, ashes, cl inkers, dirt and plaster, sand or gravel, autt>mobile frames, dead trees and other bulky, heavy material shall be disposed of at the owner or person contraoll ing same, under the direction of the official of the City in charge of garbage disposal. IV. Waste oils from garages or filling stations shall be disposed of at the expense of the party responsible for same under the direc- tion of the official of the City in charge of garbage disposal. 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. V I . It shall be unlawful to place any kitchen garbage, dry kitchen refuse, trash or rubbish in any street or alley within the 1 imts of North Richland Hills. VII . The disposal of kitchen garbage, dry kitchen refuse, trash or rubbish, and that designated under Sections four, five and six of this ordinance, or any kind of rubbish in any place within the city 1 imits or within 5000 feet outside of the City I imits, is prohibited. V III. The meddl ing with g3rbage cans and rubbish receptacles or in any way pilfering, scattering contents or junkings in any alley or street within the City 1 imits is prohibited. IX. No person, firm, or corporation shall hereafter collect kitchen garbage, dry kitchen refuse, trash or rubbish within the 1 imits of - e e . North Richland Hills, Texas, without first having obtained from the City Council, under the provisions of this ordinance, a wriitten permit 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. X. A. Appl ication for a permit 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 accress of the appl icant, the trade number under wh ich he proposes to do business, the number, kind and size of vehicles the appl icant pro- poses to operate, the nature and character of service that the appl i- cant 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 negl igence of employees, or negl igent operation of motor vehicles. B. All appl icants receiving a permit or contract to collect garbage, dry kitchen refuse, trash or rubbish within the city I imts 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 indemnify the said city for any and a11 damages sus- tained 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 negl igence of contractor or permitee or his employees, or negl igent operation of motor vehicles operated by said contractor or permitee and his employees. X I. Garbage cans shall be kept in a sanitary condition and closed tightly, 1 ime 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 el iminate odors and fl ies. The contents of all receptacles shall be so protected that the wind cannot blow and scatter same over the streets, alleys, and premises of the city and its inhabitants. X II. 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 official of the City in charge of garbage disposal. X III. There shall be charged, assessed and collected from each person, firm or corporation within the city 1 imits 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 or 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 official of the City in charge of garbage disposal may authorize an assessment of an additional charge by reason thereof. XIV. - - - . ....... .' . XIV. It shall be unlawful for any person, firm or corporation to burn any garbage, dry kitchen refuse, trash or rubbish within the 1 imits of North Richland Hills, Texas. xv. A. Any person, firm or corporation violating any of the pro- VISions 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 One Hundred ($100.00) 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 ordinance, North Richland Hills, Texas, in addition to imposing the penalties above provided, 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 mis- demeanor, 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 pre- scribed for such violation. xv I. This ordinance shal1 be cumu1ative of all other sanitary ordinances or regulations of North Rich1and Hills, Texas, unless in confJ ict with the terms of said ordinances or regulations, in which case the terms of this ordinance shall prevail. XV II. This ordinance shal1 become effective and be in full force and effect from and after the date of its adoption and publ ication as by law provided. ADOPTED this day of , A.D. 1955. APPROVED: MAYOR ATTEST: CITY SECRETARY