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An offense under this division is punishable pursuant to § 12.5-123, Judicial remedies and penalties.
(Ord. 13555, § 1, passed 8-25-1998)
The grantee must make payment of all fees payable under the privilege agreement on a quarterly schedule. Payments will be due on: April 30, July 31, October 31 and January 31 for the preceding quarter. The amount due shall be 10% of the total gross hauling revenue of the grantee from the collection and transporting of municipal solid waste produced in Fort Worth. An annual report shall be due January 31 of each year and shall be a summary of the quarterly reports for the preceding year.
(Ord. 13555, § 1, passed 8-25-1998; Ord. 24532-11-2020, § 2, passed 11-17-2020, eff. 1-1-2021)
(a) Every person who uses a vehicle to transport or collect municipal solid waste produced in the city shall register each vehicle with the director of city services and shall have affixed by the city a solid waste vehicle hauling permit (“hauling permit”) to each vehicle.
(b) A person commits an offense if the person knowingly operates or causes to be operated a vehicle used to transport or collect municipal solid waste in violation of subsection (a) above.
(c) Exemptions:
(1) The city and its own employees engaged in the collection and transportation of municipal solid waste on behalf of the city are exempt from this division; 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;
(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 municipal solid waste 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)
(a) A person required to have a hauling permit under this division shall submit an application plus an application fee at the City of Fort Worth's Solid Waste Division.
(b) At a minimum the application shall include:
(1) Name, address and telephone number of the applicant;
(2) The trade name under which the applicant does business or proposes to do business;
(3) The number of vehicles the applicant desires to operate and for each of which the applicant seeks to obtain permits under this application;
(4) Make, model, year and license plate number, collection body type (i.e. automated side loader, front end loader, rear loader, roll-off, and grapple/boom) and fuel type (i.e. Diesel, CNG) of each vehicle that the applicant will use to collect or transport municipal solid waste;
(5) The nature and character of the service the applicant proposes to render; and
(6) Any other information as may be relevant to the applicant's fitness to render such services as may be required by the director of the code compliance department.
(c) Each applicant in the business of transporting solid waste shall sign a solid waste transportation certification as required by the Texas Administrative Code.
(d) Before a hauling permit is issued, each vehicle must satisfactorily pass inspection for the following items:
(1) The vehicle must be constructed to ensure no spillage of solid waste;
(2) A non-enclosed vehicle must have a proper tarp or other satisfactory cover to prevent blowing of materials being transported;
(3) Where applicable, all drain plugs and seals must be intact; and
(4) The vehicle must be clean and odor free.
(Ord. 13555, § 1, passed 8-25-1998; Ord. 24532-11-2020, § 3, passed 11-17-2020, eff. 1-1-2021)
(a) After receiving a hauling permit application, the director may make such investigation as he or she considers necessary to determine whether the public convenience and necessity warrant the granting of the hauling permit(s).
(b) The director may require the applicant to furnish additional information to assist the director in his or her determination.
(c) The director may require the applicant to furnish information as to the financial responsibility of the applicant in the event of claims against him or her for death or injuries to persons or damage to property by reasons of the negligent operation of vehicles used in providing solid waste collection and transportation services.
(d) If the director is satisfied that the applicant meets the requirements of this division and after the applicant pays all applicable fees, the director or his or her duly authorized agent may issue and affix a hauling permit to each appropriate vehicle.
(e) The hauling permit shall be a size and design determined by the director.
(f) If the director determines that there is cause to deny a hauling permit application, he or she may notify the applicant of same in writing and deliver by certified mail, return receipt requested to the address listed on the application. The applicant may petition for reconsideration pursuant to this chapter.
(Ord. 13555, § 1, passed 8-25-1998)
(a) A hauling permit shall be displayed on each registered vehicle in a location approved by the director or his or her duly authorized agent. The director’s duly authorized agent shall place the permit on the vehicle.
(b) A hauling permit holder commits an offense if the hauling permit holder operates or causes to be operated a vehicle collecting or transporting municipal solid waste which does not properly display a valid hauling permit.
(Ord. 13555, § 1, passed 8-25-1998)
(a) Each hauling permit holder shall pay the city an annual permit fee for each vehicle in an amount set by the city council.
(b) A hauling permit issued pursuant to this division for each vehicle is valid for up to one year, but shall expire no later than 12 months from the original date of issuance. Subsequent hauling permits added for additional vehicles to be used by the same permit holder during the term shall not be prorated, but shall expire at the same time as the first hauling permit. There shall be no proration of fees for late renewal, nor any refund for vehicles taken out of service before the end of the term.
(c) A hauling permit shall not be transferable from one individual or entity to another, nor from one vehicle to another.
(Ord. 13555, § 1, passed 8-25-1998)
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