Loading...
O57-09ORDINANCE NO. 57 AN ORDINANCE PRESCRIBING RULES AND REGULATIONS FOR THE COLLECTION AND DISPOSAL OF GARBAGE AND TRASH; FORBIDDING THE COLLECTION AND HAULING OF GARBAGE AND TRASH WITHIN THE,.CITY EXCEPT BY PERSONS AND FIRMS HOLDING A PERMIT THEREFOR..; ISSUED BY THE CITY COUNCIL; PROVIDING RULES FOR THE APPLICATION FOR AND ISSUANCE OF PERMITS; PROVID- ING A PENALTY FOR THE VIOLATION OF ANY PROVISION HEREOF; CONTAINING A SAVING CLAUSE AND AN EFFECIPIVE.DATE. BE IT ORDAINED BY THE CITY COUNCIL OF -THE CITY -OF KENNEDALE, TEXAS: Section 1. The words "garbage" and "trash", as used in this ordinance, shall have the same meanings, respectively, as defined in Ordinance No. 57-6 of the City of Kennedale, and the provisions of this ordinance shall be cumulative of the provisions of said Ordinance No. 57-6 and all other ordinances of the City of Kennedale, unless provisions of prior ordinances shall be in direct conflict herewith, in which event said prior ordinances shall be deemed here- by repealed only to the extent necessary to eliminate such conflict, if any. Section 2. Every owner, occupant, tenant or lessee using or occupying any building, house or structure within the corporate lim- its of the City of Kennedale, whether for residence, church, school, lodge, commercial, business or other purposes, shall provide and maintain garbage cans and receptacles of sufficient number and size to hold the garbage and trash that will normally accumulate on the premises. Section 3. The container for garbage required in the preced- ing section shall be a can of metallic construction, with a tight- fitting lid or cover, of not less than five nor more than thirty gallons capacity, and if such can is of ten or more gallons capacity, it shall have handles sufficiently strong for workmen to empty con- veniently. It shall be kept tightly closed and fastened at all times, so as to prevent access to the contents thereof by flies and other insects, and the lid or cover thereto shall be removed only when the can is being filled or emptied. Section 4. The owner, occupant, tenant or lessee of prem- ises from which garbage and trash is to be collected and removed shall place the garbage containers and trash receptacles at the point on the premises found and designated by the proper agent of the City as the most accessible for collecting and removing on the day of,the week designated by such proper agent of the City as the day for collection from the particular premises. If trash is of such a nature that it cannot be put into a receptacle, it shall be carefully placed in bundles under fifty pounds so it can be removed conveniently, and tree limbs, trunks, hedge cuttings, and the like, shall be cut into lengths not to exceed five feet. Section 5. The collection and removal of garbage and trash from houses, buildings and premises within the City shall be made at least one time each week by such persons or firms as have been auth- orized by the City Council to collect garbage and trash within the City, and all occupants and residents desiring to avail themselves pf such collection and disposal services shall pay fair and reason- able charges therefor as determined and approved, and in the manner designated, by the City Council. Section 6. The collection, removal and disposal of all gar- bage, trash and rubbish shall be carried on in a systematic and ef- ficient manner, keeping the entire city in a clean and sanitary con- dition. Every owner, occupant, tenant or lessee of a house or build- ing used for residential, commercial or business purposes is required tp maintain constant supervision and surveillance over the garbage can and trash receptacles on his premises. If the contents of said --garbage cans and trash receptacles should not be emptied and re- moved by the persons or firms authorized to hake collections within the City during any week, such owner, occupant, tenant or lessee having availed himself of such service, it shall be his duty to notify the Mayor in writing of this fact within thirty days. Section 7. All garbage and trash that is mixed with water or other liquids shall be drained before being put in the garbage can or trash receptacle; all animal matter that is subject to de- composition shall'be well wrapped in paper or other combustible material before being deposited in such container or receptacle. Section 8. No person or firm shall collect garbage or trash, or empty garbage cans or trash receptacles, or transport garbage or trash on the streets, alleys and public thoroughfares of the City, 7 without having first obtained a written permit therefor from the City Council; provided, however, that nothing in this section shall prohibit any person or firm from collecting and disposing of gar- bage and trash from his or its own premises in accordance with other provisions of this or any other applicable ordinance of the City of Kennedale. Section 9. The application for a permit required in the pre- ceding section shall be_in writing and shall set forth the name and address of the applicant, the trade name under which the app]i1ant proposes to do business, the number and size of vehicles the appli- cant desires to operate, the nature and character of services pro- posed to be rendered, the rates to be charged, the patrons whom he intends to serve, and such other information as the City Council may require. Section 10. Upon receiving an application for a permit as herein provided, the City Council shall make or cause to be made such investigation as it may consider necessary to determine whether or not the public convenience and necessity requires the granting of such permit, and whether the applicant is a fit and proper per- son or firm to conduct such business. The City Council shall also determine and approve the rate to be charged for such service as is to be rendered, and any permit shall be issued only upon condi- tion that the authorized rates arecomplied with, which rates can be changed only with the approval of the City Council. The City Council shall also determine the amount to be charged for such per- mit, shich shall in no event exceed Twenty-five Dollars ($25.00) for each fiscal year. Section 11. All permits granted by the City Council for the collection and removal of garbage and trash, and the disposal there- of, shall be non-transferrable, and such permits may be rescinded by the Council at any time when, in its judgment, such action is deemed to be to the best interest of the public. Section 12. The City Council shall have the right to im- pose such other restrictions and conditions upon any permit issued for the collection, removal and disposal of garbage and trash as it may deem required by the public interest, and if the Council so elects, such permit may be in the form of a contract between the City and the applicant, which contract may include any terms deemed. appropiate and not in conflict with the provisions of this ordinance. Said contract may providefor remuneration of the applicant direct- ly by the City upon such basis as may be agreeable to the Council, in which event the patrons of the contracted service shall pay for the same direct to the City of Kennedale upon such rates and in such manner as the City Council shall direct. Section 13. Any person, firm or corporation, or agent there- of, violating any of the provisions of this ordinance shall be deem- ed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not to exceed Two Hundred Dollars 4200.00), and (-- each day that any violation of this ordinance, or any provision hereof, shaJ) continue, shall be deemed and is hereby declared to be a$ distinct and separate offense. Section 14. Every section of this ordinance, and every pro- 2. vision of every section, is hereby declared to be an individual and separate section or provision, and the holding of any section or pro- vision of any section to be void, ineffectual or constitutionally prohibited, for any cause whatsoever, shall not be deemed to affect any other section or provision hereof. Section 15. This ordinance shall become effective, and be in full force and effect, iediately upon its passage and approval by the Mayor, duly attested by the City Secretary, and publication as by law provided. PASSED AND APPROVED thiskillit day of City Secretary (SEAL) APPROVED: Mayo`' of tle City of Kennedale, Texas