(a) No person within the City of Fort Worth shall engage in the business of collecting or transporting municipal solid waste produced in the city without first entering into a non-exclusive privilege agreement (“privilege agreement”) with the city.
(b) A person commits an offense if the person collects or transports municipal solid waste in violation of subsection (a) above.
(c) Exemptions:
(1) The city, city employees and persons contracting with the city, engaged in the collection and transportation of municipal solid waste on behalf of the city are exempt from this section; and
(2) Persons transporting their own municipal solid waste that they generated at their own homes are exempt from this division.
(d) Defenses:
(1) It is a defense to prosecution that the person was using a vehicle to gather only recyclable materials, salvageable newspapers or clothes. Recycling shall be defined as collection of only source separated materials for resale;
(2) It is a defense to prosecution that the person was transporting municipal solid waste that was generated in the person’s private business and that the person only transports municipal solid waste at a maximum of two times per year; and
(3) It is a defense to prosecution that the person was collecting source separated recyclables from a dumpster or roll-off container that is used by private individuals or firms and contains only recyclables.
(Ord. 13555, § 1, passed 8-25-1998)