Ord 2726 8/15/1972 ORDINANCE NO. p7,Z
AN ORDINANCE REGULATING USE OF THE CITY LANDFILL BY PRIVATE
HAULERS OF TRASH AND GARBAGE : REQUIRING LICENSE; PRESCRI -
BING FEES ; PROVIDING A PENALTY ; PROVIDING A SEVERABILITY
CLAUSE; CONTAINING A REPEALING CLAUSE ; AND PROVIDING AN EF-
FECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS :
SECTION I DEFINITIONS
As used in this ordinance, unless the context clearly requires otherwise:
( 1) "City" means the City of Wichita Falls .
(2) "Persons" means an individual , person , firm corporation or association
and political subdivision of the State of Texas .
(3) "Vehicle" means every device in or by which any person or property is
or may be transported or drawn upon a public street or highway.
(4) "Garbage" means all animal or vegetable matters , such as waste material
and refuse from kitchens , residences , grocery stores , butcher shops , rest-
aurants , hotels , rooming and boarding houses , and other deleterious sub-
stances and any other matter commonly understood to be garbage.
(5) "Trash" means rubbish , such as feathers , coffee grounds , ashes , tin cans,
papers , boxes , glass , grass , shrubs , yard cleanings , leaves and tree
trimmings , and any other matter commonly understood to be trash.
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(6) "Director" means the Director of the Department of Public Works of the
City of Wichita Falls, or his delegated representative.
(7) "Private Hauler" means individuals owning their own vehicles hauling
refuse from their commercial establishments.
(8) "Contract Hauler" means any person that is being paid for hauling
refuse for another establishment.
SECTION II LICENSE
(a) Required
No person except duly authorized agents and employees of the City,
shall empty garbage cans or trash receptacles into or convey or trans-
port garbage or trash to any landfills owned or maintained by the City
without a written license for each vehicle used for such purpose granted
and issued by the Department of Public Works and without having paid
the required fee as herein prescribed.
(b) Exempt
Provided, that there shall be exempt from the payment of said license
fee, occupants or residents of one family residence, two family resi-
dences, apartment houses, within the City of Wichita Falls where such
occupants or owners are removing garbage or trash from the living units
in which they live.
(c) Exemption Certificate '
Exemption Certificates will be required for the following agencies:
State supported colleges, institutions and governmental agencies of the
United States and the State of Texas as these terms are commonly under-
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stood, Exemption certifications for vehicles used by any of the above
mentioned agencies or institutions shall be obtained by making appli-
cation to the Department of Public Works on a form to be provided. The
Director of Public Works shall determine if an applicant qualifies for
an exemption certificate, and if found to qualify, the applicant shall
receive a certificate which must be placed on the front windshield of the
vehicle to be used.
SECTION III CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY
The Director shall investigate each application filed and after giving full con-
sideration to each application, the Director shall issue the appropriate class
of certification of public convenience and necessity to the applicant for each
vehicle or vehicles which public convenience and necessity require. In deter-
mining whether public convenience and necessity require the licensing of a ve-
hicle for which application has been made, the Director shall take into con-
sideration whether the demands of public and necessity require such proposed or
additional trash or garbage service, and shall take into consideration all matters
required to be included in the application. Certificates issued shall correspond
to the class of license to which the application and investigation show the appli-
cant is entitled. All license once issued can be renewed each year at the Public
Works Division without the necessity of new certificates of convenience and neces-
sity each year.
SECTION IV VEHICLE REQUIREMENTS FOR LICENSE
Any vehicle for which a license is requested will be required to have a completely
enclosed bed or body with a solid bottom and sides, equipped with a top or cover
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which will permit the complete enclosure of the contents of the bed or body. Such
cover or top shall be used at any time vehicle is transporting garbage or trash
over City streets and alleys.
SECTION V CLASSES OF LICENSES
An applicant (Private hauler) obtaining a certificate for a vehicle meeting re,
quirements of this ordinance shall be eligible, depending on the area in which
his business is Situated, for one of the following license:
(a) Class 1 - Commercial establishment hauling their own garbage and paying
minimum rate.
(b) Class 2 - Commercial establishment with regular service but hauling
an occasional load.
(c) Class 3 - Vehicles hauling garbage from without the City limits.
(d) Class 4 - Special Condition License - contracts, contractors, etc.
SECTION VI FEES
(a) License - The license fee for each class license shall be as listed
herein. Each vehicle so licensed shall require a separate fee.
License Fees: Class 1 - No charge
Class 2 - No charge
Class 3 - $10.00
Class 4,- $10.00
(b) Landfill Use Fees
Fees for the use of the landfill shall be at the rate of $1 .00 per ton
for garbage and trash originating from within the City limits and $2.00
per ton from outside the City limits. Weights shall be determined to
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the nearest 1/4 ton and charged accordingly. Fees for each type license
and use are as follows:
(1 ) Residents of Wichita Falls hauling refuse from their place of resi-
dence and paying regular prescribed residential rate, any type
vehicle (no charge).
(2) Class 1 - $1 .00 per ton with a minimum charge of $0.25 for each
vehicle entering landfill , charges to be accumulated
on monthly basis. Monthly total will be billed sub-
tracting the $5.00 minimum rate for commercial establish-
ments. No monthly rate will be reduced below minimum
fee but all charges in excess of the minimum fee will be
added to the monthly utility bill .
(3) Class 2 - $1 .00 per ton, minimum $0.25 per vehicle entering landfill .
Charges to be accumulated on monthly basis. Charges so
accumulated will be added to monthly utility bill .
(4) Class 3 - $2.00 per ton, minimum charge $0.50 for each vehicle enter-
ing landfill . Fee shall be collected upon entrance to
landfill by cash, coupon or prearranged charge account.
(5) Class 4 - Rate to be based upon origination of garbage. $1 .00 per
ton for inside City limits or $2.00 for outside City limits.
Payment,shall be on prearranged method, to be arranged
upon issuance of license.
SECTION VII DUMPING PROCEDURE
From and after the effective date of this ordinance no person, except duly authorized
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agents and employees of the City, shall empty garbage or trash from a vehicle into
any landfill or landfills owned or maintained by the City unless such person has
obtained the appropriate license and presents to the landfill attendant a valid
ticket authorizing the dumping of garbage or trash from such vehicle, and those
are exempt from license and fee requirements. It shall be unlawful for any attendant
at a landfill or landfills owned or maintained by the City or any other employee of
the City to allow or permit any such person to dump garbage or trash in a City
landfill from a vehicle unless such vehicle is licensed hereunder and a ticket for
such dumping has been presented to such attendant or employee, unless exempted in
another section of this ordinance. Upon receipt of a ticket for dumping purposes,
the attendant at the landfill shall note thereon the City license number, the 'cur-
rent state registration number, and the make and model of the vehicle. Upon re-
ceipt of cash for dumping, the attendant shall make out in triplicate a ticket noting
thereon the current registration number and the make and model of the vehicle, and
shall give one (1 ) copy to the person desiring to dump said garbage or trash, one
(1 ) copy shall remain in the book, and one (1 ) copy is to be transmitted to the
Department of Public Works. At the close of each day, all cash collected shall be
transmitted to the Department of Finance.
SECTION VIII REVOCATION OF LICENSE
Any license issued hereunder may be revoked by the Director of Public Works for a
violation of this ordinance or any ordinance of the City by the licensee or the
operator of any vehicle of such licensee. Any license issued hereunder may be re-
voked for failure to comply with the regulations pertaining to dumping refuse at
landfill sites. Revocation shall be effected by written notice of the Director of
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Public Works to the licensee and the Director shall immediately take up the license
revoked. Within five (5) days after revocation an appeal may be made to the City
Council for reinstatement. The City Council shall give the applicant a hearing, .
and after a hearing, shall sustain the action of the Director if it finds as a fact
that the applicant or an operator of his vehicle committed the act for which the
Director revoked the license. Otherwise, the action of the Director shall be re-
versed and the applicants license shall be reinstated.
SECTION IX HEALTH ASSISTANCE
The Director of the Department of Public Health shall assist in the enforcement
of this ordinance and shall have the power to make inspections to determine whether
or not garbage or trash is being properly collected, transported and disposed of
in a sanitary manner.
SECTION X PENALTIES
Any person, firm or corporation who shall violate any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof,
shall be fined a sum not to exceed $200.00, and each offense and each day's con-
tinuance of failure to comply with the ordinance shall consititute a separate and
distinct offense.
SECTION XI SEVERABILITY CLAUSE
If any provisiw, definition, section, subsection, sentence, clause or phrase of
this ordinance, or the application of same to any person or set of circumstances,
is for any reason held to be unconstitutional , void or invalid (or for any reason
unenforcable), the validity of the remaining portions of this ordinance or this
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application to other persons or sets of circumstances shall not be affected thereby,
in adopting this ordinance , that no portion thereof or provision , definition or
regulation, and to this end, all provisions of this ordinance are declared to be
severable.
SECTION XII REPEALING CLAUSE
All ordinances or part of ordinances in direct conflict herewith are repealed to
the extent of conflict only.
SECTION XIII EMERGENCY
The fact that there now exists no regulations governing the unlicensed refuse haulers
in the City, which could constitute a hazard, creates an emergency and this ordinance
is an emergency measure which shall go into effect immediately.
PASSED AND APPROVED this the day of (. / , 1972.
42' //Li 4.01,
OPi
MAYOR
ATTEST:
‘../4,2.4tkii12/
City Clerk
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,
Affidavit idavit .of Publication
I ORDINANCE NO. 2726 THE STATE OF TEXAS
-AN ORDINANCE REGULATING USE !v
OF THE CITY LANDFILL BY PRIVATE COUNTY OF WICHITA.
HAULERS OF TRASH AND GARBAGE:
-REQUIRING LICENSE; PRESCRIBING
,FEES; PROVIDING A PENALTY; PRO-
(VIDING A SEVERABILITY CLAUSE; "Ow
•
CONTAINING A REPEALING CLAUSE;
AND PROVIDING AN EFFECTIVE On tl is . 28th clay of at
DATE.
BE IT ORDAINED BY THE BOARD
,WIICHITAE ALLS; OF THE CITY OF 'lA�M
SECTION 1 DEFINITIONS A.D. . 7711` . personally appeared before me, the undersigned authority
As used in this requires ordinance, unless the
Katherine Parrish context clearly requires otherwise: A Y`ierin r it s bookkeeper
(1) "City" means the City of Wichita
a Falls.
(2) "Persons" means an individual, per-
. son, firm corporation or association
and political subdivision of the State for the Times Publishing Company of Wichita Falls, publishers of the
of Texas,
(3) Vehicle" means every device In
L or by which any person or property Wichita Falls Record News, a newspaper published at Wichita Falls in
is or may be transported or drawn
upon a public street or highway.
(4) "Garbage" means all animal or Wichita County, Texas, and upon being duly sworn by me, on oath states
vegetable matters, such as waste
material and refuse from kitchens,
>,residences, grocery stores, butcher shops, that the attached,advertisement is a true and correct copy of advertising
restaurants, hotels, rooming and boarding
a houses and other deleterious substances
u and any other matter commonly One unders- /1
f food to be garbage. published in..,. `1) _ issues thereof on the following
(5) "Trash" means rubbish, such as
-feathers, coffee grounds, ashes, tin cans, dates
.papers, boxes,glass, grass, shrubs, yard
, cleanings, leaves and tree trimmings, August 26, 1972
and any other matter Commonly unders-
food to be trash.
(6) "Director" means the Director of
the Department of Public Works of /_//,
the use a Wichita Falls,or his delegated ..--- ./iI-/��K?� /.i�.2if��.� 44
representative.
' (7) "Private Hauler" means Individuals
owning their own vehicles hauling refuse Bookkeeper for Times Publishing Company
from their commercial establishments. of Wichita Falls
) (8) "Contract Hauler" means any person
., that is being paid for hauling refuse
ch for another establishment.
n SECTION eired Subscribed and sworn to before me this, the day and year first above
or No person except duly authorled agents
(5 and employees of the City, shall empty I 011
written.
up grabage cans or trash receptacles into written.
tour convey or transport garbage or '
fo trash to any landfills owned or maintain-
ed by the City without ao written license
e for each vehicle used for such purpose
i S granted and issued by the Department i� r� !/ /�7 y
of Public Works and without having
paid the required fee as herein prescribed. Gordon C. walker, Jr., Notary Public
(b) Exempt
Provided, that there shall be exempt in & for Wichita County, Texas
from the payment of said license fee,
occupants or residents of one family
residence, two family residences, apart-
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