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HomeMy WebLinkAboutORD 27-KA:,;IJ- z AN ORDINANCE ENTITLED AN ORDINANCE DEFINING THE HARBOR LIMITS OF THE -FORT OF BEAUMONT, THE BASE AND HARBOR LINES OF A POR- TION OF BRAKE'S BAYOU; PROHIBITING ANY KIND OF CONSTRUCTION, DREDGING, DRIVING PILING OR OTHER OBSTRUCTION IN THE WATERS OR ON THE BANKS WITHIN SAID HARBOR LIN ITS WITHOUT PERMIT: PRE- SCRIBING PROCEDURE FOR OBTAINING SUCH PERMITS AND REQUIREMENTS THEREFOR; PRESCRIBING REGULATIONS AS TO COLLISIONS AND AS TO THE RAISING OF SUNKEN VESSELS; PRESCRIBING PENALTIES FOR NOT COMPLYING THEREV?,ITH AND LIEN FOR COLLECTION THEREOF; PRESCRIB- ING -REGULATIONS FOR ANCHORING, OBSTRUCTING WHARVES AND DOCKS AND THEIR FACILITIES, REMOVAL OF OBSTRUCTION THEREFROM; PRO- HIBITING AND REGULATING DEPOSITING OF REFUSE, WASTE MATERIALS, OIL AND PETROLEUM PRODUCTS, INFLAMMABLES, EXPLOSIVES, CO11,1BUST- IBLES AND OTHER SUBSTANCES EXCEPT LUBRICATING OIL ON THE V11HI ARVES, DOCKS AND OTHER FACILITIES OR IN THE WATERS OF THE PORT OF BEAU- MONT; PROHIBITING SMOKING AND CARRYING OPEN LIGHTS THEREON, TAM- PERING WITH OR HANDLING FIRE FIGHTING APPLIANCES; REQUIRING AND REGULATING REMOVAL OF PERISHABLE CARGO; REQUIRING AN AUTHORIZED OFFICER OR E110LOYEE ON VESSELS BERTHED AT DOCK FACILITIES; PRO- 'HIBITING INTERFERENCE WITH OR DAMAGING ANY BUOY, FLOAT, LIFE PRESERVER, SIGN, NOTICE, APRON, WAREHOUSE OR ANY PORT PROPERTY; PRESCRIBING MOORING REGULATIONS, REQUIRING CLEANLINESS AND CLEARING UP OF ASSIGNMENTS ALLOTED TO VESSELS; PROHIBITING PERSONS FROM ENTERING UPON PORT PROPERTY Vt'ITHOUT THE CONSENT OF THE OFFICER IN CHARGE THEREOF; PRESCRIBING PENALTIES FOR VIOLATIDN OF OR NON-COMPLIANCE WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING ANY INVALID PORTION OF THIS ORDINANCE WILL NOT INVALIDATE REMAINING PORTIONS, REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES CONFLICTING INITH THE PROVISIONS OF THIS OR- DINANCE, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY C OM2 ISSION OF THE CITY OF BEAUMONT , TEXAS: Section 1. Harbor Limits: The limits and extent of the Harbor of the Port of Beaumont is hereby fixed within the following boundaries: All of the waters of the Neches River from bank to bank from the mouth of Old River at the upper end of Smith's Island northwardly to where the Old Spanish Trail highway bridge crosses said river, and including all the waters of Brake's Bayou from bank to bank from the point where said highway bridge crosses the same, down said Bayou in a general southerly direct- ion to its junction with the Neches River. Section 2. Base and Harbor Lines of Brake's Bayou: The base lines and harbor lines of Brake's Bayou from its junction with the Neches River in a general northerly direction to a point at the east end of Magazine Street are hereby established and fixed as follows: The base line on the southwest side of said por- tion of Brake's Bayou running from a point on the south side of Magazine Street near its intersection with Travis Street runs southeasterly to a point opposite, the mouth of Brake's Bayou, the harbor line on the southwest side of Brake's Bayou runs - fifty (50) feet northeast of and parallel with said base line. The harborline on 'the northeast side of Brake's Bayou begin- ningat-'a point opposite Magazine Stree-t runs parallel with and two hundred (200) feet northeast of the southwest harbor .line above mentioned, -leaving a two hundred (200) foot channel, and the northeast base line --runs parallel with anal, fifty ( 50) feet northeast of said northeast harbor line, and runs to -the mouth of -said Bayou, all of which is shown and marked on blue print" entitled or marked 'Proposed Harbor Line of Brake's Bayou from Neches River Northward", dated January 8, 1923, attached to this ordinance and made a part hereof. Section 3. Building and Dredging within Port Limits. It shall be unlawful -for any person, firm or corporation to build or attempt to build,- construct, repair or alter any bridge, viaduct, wharf, dock, pier, or any other structure of any character, or do any dredging, remove any sand, earth or other material, or drive any piling or to do any under -water or other character of construction or repairs along the -banks or in or across the Neches River or Brake's Bayou within the _Harbor Limits of the Port of Beaumont as above defined, without first filing a written application and obtaining permit therefor from the Port Commission of the City of Beaumont. Application for such permit shall be filed by the person, firm or corporation desiring to do such work, with the Secretary.of the Port Commission, and shall be in writing and accompanied by the -plans -and specifications of the proposed_ work .or construction desired to be permitted. The Port Commission shall within a -period• of not more than thirty (30) daysafter the filing of such application, plans,'etc., give due consideration to the same, and make -a thorough investigation thereof and of -the proposed structure, improvement, . or work. desired thereunder.. and if in the judgment of said C-ommission the.proposed structure, improvement, or work will not impede, obstruct or interfere with navigation:within the Harbor Limits or injuriously affect the, -public interest and welfare therein, such permit shall be granted, but other- wise the same shall be refused, -provided that no permit shall be -granted for any structure or improvement in, along or across Brake's Bayou.withir_ the above defined base and harbor lines thereof ;which does not permit free navigation of a two.hundr-ed (200) foot -channel thereir_' unobstructed by any such improvement or work. Section 4. Collisions; In the event of collision bet -ween' vessels, or be- tween vessels and any -wharf or other structure, an immediate report shall be made to the Port Commission, which report shall be in writing and shall state the time and place of such colli- sion or accident, and all the. particulars thereof, 'and such re- port shall be made both by the owner, agent or person in charge of such -vessel and also'by the employee -of the Port Commission superintending suchdbck. In the event -sinking of a vessel shall result therefrom, or in the event a vessel shall sink from any other cause, and the position of such vessel is such as to be an obstruction to navigation of the waters within the juris- diction of the Port Commission of Beaumont the Commission shall give notice to the owner,.master, agent or other person having charge of such .vessel, requiring him to raise and remove the same within fifteen (15) -days from and after receipt of . such notice, under penalty of One Hundred Dollars ($x100.00) per day for each and every day such vessel may remain unmoved., and con- tinue to constitute an obstruction to navigation. Section 5. Failure to Raise and Remove Vessels: In the event of failure or refusal on the part of the owner, master, or agent, or other person having charge of such vessel as mentioned in the next preceding section to raise and remove the same as -required in the notice served upon them as above provided for, it shall be the duty of the Port Commission to raise and -remove -the same or have it raised or removed at the expense of said owner, master, agent or other person having charge of such vessel, and said vessel and cargo thereof shall be subject to a -lien therefor and may be held by the Port'Commission until all the costs, expenses and penalties attendant upon raising and removing the same shall have been fully paid. After the raising and removing of such vessel with its cargo, if any, the Commission shall give written notice thereof to the owner, master, agent or other person having charge thereof of such.f act and include therein statement of all costs, expenses, charges and penalties due, and which notice shall state that unless such amount is paid in full.within ten (10) days from and. after receipt. of said notice, the Commission shall proceed to libel such vessel and cargo for the purpose of foreclosing its lien and collection of the amount due from the -proceeds of the sale of said property, and in the event the total amount of costs, charges, expenses and penalties is not paid within such period of ten (10) days, it shall be the duty of the Port Commission to take or have taken the necessary proceedings to collect the same. Section -6. Penal Provisions: It shall be unlawful for the master, owner -or. agent of. any vessel within the Harbor Limits of the Harbor of Beaumont, or for any other person or persons: (a) Anchoring. To anchor, moor, place or in any wise leave within the Harbor Limits of the Harbor of Beaumont, or in the turning basin or channel, or within any of the waters within the limits thereof, any vessel, skiff, barge, house boat, raft, or other water craft whatsoever, in any manner as that the same will obstruct the free navigation of such_waters, and in no event without a written permit from the Port Commission of the City of Beaumont.. (b) Obstructions on Docks &Wharves. To place or permit to be placed and remain upon any of.the dock and wharf premises of the City of Beaumont, including warehouses and other structures, any object, material or thing of any character which is not part of the cargo, or any stevedore tools or other,tools, appliances, equipment,. engines, screens, or any other material or object other than cargo of a vessel. Any and all such objects, materials_, or things herein prohibited shall be removed.within twenty-four (24) hours after notice so to do by the Port Commission 'or anyone under its authority, failing to do which shall incur in favor of .the Port Commission and against the -owner -or per- son in control of such objects, materials or things, -a penalty- of enalty-of _ Twenty Five Dollars- ($25.00) per day for each -day the same is unlawfully permitted to-'remain"upon such wharf -or premises, and the Port Commission shall have the power -and authority to remove the same or cause the-- same to be removed -.and -stored at - the cost .or expense of the owner or. person in control thereof, and if -such amount is not paid within fifteen" (15). --days from -and--after notice by the Port Commission of the amount thereof, the Port Commission shall- proceed to cause said property to.. be sold ,and the proceeds applied to the payment of such expense, etc:, in -addition to .the penalty, herein incurred for the viola tion hereof. (-c) Refuse and .Waste Materials. To throw,'- dis- charge or deposit; or -permit to be thrown, discharged or deposited from or . out of any -vessel- ship, barge or - other -water- craft of any kind., or from -the shore., wharf., manufacturing establishment, mill,; plant or other structure -of -any character, into the waters_' of the Harbor of Beaumont, " or. upon the shores or banks thereof, or"upon the wharves or -docks -of said Harbor, where the'same may be -washed or forced into such waters; any refuse, rubbish or un-- wholesome or decayed matter of any kind, or any -waste substances or material,:or to.permit any materials of any kind to go into the waters. -of such Harbor, that would. constitute' an impediment or danger_ to.navigation, or a menace to.health. Nothing herein_ shall be :construed .to prohibit the construction -of -public works or. operations by the- P ort C ommi ssion - of the City of. -Beaumont. (d) Oils, etc. ," in the Water. To deposit -or cause "or permit to be deposited,. thrown, discharged or to escape into the waters of the_Ha-rbor of Beaumont any inflammable liquid, petroletun, petroleum.products, coal tar, or other -carbonaceous materials or -substance, product" -or compound thereof, -or bilge water- or any other element-'contain.ing any of said materials or substances.' (e) Explosives, Combustibles and Inflammables. To handle .or store. explosives of -any Find or character, or gaso- line or .other liquid petroleur. products, or inflam- mable liquids or substances,. except lubricating oil, or 'any com-- .bustible materials or any material classed'as-extra hazardous under standard fire insurance policies of -the State ofTexas, upon .any of -the wharves, or in _any of- the -"warehouses,- docks or othe r ' s truc tune s of the P ort ' of Beaumont; _ or at any -place within the limits thereof, except at such localities and under such rules and regulations"as..are or may be designated by ordinances of the City of Beaumont or by the Port Commission thereof," and then. only when permitted. -in writing so to do'by the Port Corrlmission of . the City of Beaumont; provided,- however, that no permit shall be issued for .any of such materials to remain"overnight on any Port prop- erties or facilities unless on= condition that the same is covered with.tarpaulins or other more permanent or substantial material, and provided further that at such ..localities as may b.e - permitted by -the Port Commission that .all of such materials _shall not be handled except between sunrise and sunset. (f) Smoking and Lights. To smoke,. carry or be in possession of matches, lighted pipes, cigars or ci-garett_es, or t.o carry or use portable open lights in and -upon any of the pub- lic wharves, -warehouses and other structures. within. the Harbor Limits of—the Porta of, Beaumont, - or upon .premises - adj oining the same. (g) -.Fire -. Ext inguishe rs"and Protective Appliances. To :tamper, interfere- "with or, obstruct any "fire. extinguishers, 0 fire hose, hydrant or any other fire fighting appliances or the free passage and easy access thereto,, or. except -incase -of fire to remove or in,any manner disturb the .same from their locations (h) Perishable Cargo. To :permit any perishable cargo of any character , to -remain -on the Wharves . or in any ware- house within are- housewithin -the ,limits of the Port 'of Beaumont for any period of time in excess of .that allowed under the -rules and regulations, of the -Port Commission the or for 'any period of -time when such perishable cargo or material has so deteriorated, decayed or become so unwholesame as to be.a menace or nuisance, or to refuse or fail to remove the same immediately -after-being not- ified so to da by the Port Commission "of the,City, of Beaumont. In addition to the penalty hereinafter provided for disobedience - hereof, if such perishable cargo is not removed irnmediately-- after receipt of such notice-,, the Port Commission may have the. ,same, removed and disposed of -at the cost and expense of the owner, agent or , other- persons in control :of such vessel or,. cargo. (i) Officer in Charge of Vessel. To cause `.or• permit any vessel berthed or docked at any of .the dock facilities of the Port of Beaumont to remain.so.docked without having on board at all times:an_officer or other person having sufficient authority to take such act -ion as ffa.y be required or necessary with respect to such vessel in case of any emergency or such necessity arising, or to refuse or fail to have special watchmen placed in charge of any cargo placed upon the wharves -or other facilities of the Port of Beaumont when required so to-do by the Port Commission thereof. (j) Damaging Property. To :wilfully, intentionally; or carelessly destroy,- damage_, disturb,- deface or interfere with .any -buoy, float, life preserver, sign., - n.otice, apron, .warehouse, wharf or appurtenance thereto- or any part -property whatsoever, under the jurisdiction of- the Port Commission of the City of Beaumont. In addition to -the penalty prescribed for the viola-. tion hereof, the expense .of repairing said damage: 'or replacing any of such property shall be -charged by the Port Commission against the person or vessel responsible therefor: (k) Mooring Regulations. To fail to comply with, the following mooring regulations which are hereby established: (1) -No rope or line- shall -be. made -fast to any muni- cipal- dock or wharf,_ shed, tracks or the pilings supporting the , same; nor to fender piles, but shall be made fast to- mooring piles.; bitts or' -cavils fur- nished for such purpose. (2) No dolphin shall be used at the outer end of any wharf to break or warp around.,- or turn - or swing any vessel at any wharf with. the. stem of such vessel against the wharf.-. (3) No vessel .or water craft -shall -lie at any munici- pal dock or wharf, or anchor adjoining.same in such manner as to obstruct or' -prevent the free access of any,vesselto or from any berth under the jurisdiction of the Port 0ommissi.on. of the- City of Beaumont. (4) Should a vessel elect to work overtime or on ,holi- days the vessel oc.cupyiiig.: a, berth and not worYing shall give way.'at -the expense of. the vessel accordodated: (5)'When-it-becomes necessary in order to expedite - the business of the port: facilities., a. vessel .may be moved- at' the -expense of the vessel accomodated, provided due notice to move shall have -first been given.to the master or -person in charge of such ves- sel, and the--owner--and vessel shall be liable_ for all damages that may arise thereby. (6) No person shall make fast any vessel to any public wharf or mooring facilities except with such _lines and in such manner .as may be prescribed by the Port Commission. - (1) ommission.- (1) Cleanliness. To fail to clean up and keep - clean their assignments, including space in transit.sheds where cargo is concentrated, and wharf apron over which.cargo is trucked,to ship's tackle. Cleaning up will be performed under the supervision of the Port Commission which will direct the disposal of -all refuse. Upon failure to clean up such premises within a reasonable time _after sailing of vessel, such agents or .operators in addition to being subject to -the penalty here- inafter prescribed in Section 7. hereof, shall pay to the Port Commission -upon bill rendered therefor, all costs and expenses of cleaning -up such premises; which will be done.by the Com- mission upon such -failure. (-M')-To enter upon or into any.property or build- ing under the - supervision- or control of the Port Commission of the City of Beaumont, ,without the consent of the officer or agent .of said -Commission., in charge thereof, unless such entry be made for the purpose of transacting business pertaining to matters whereof said Port Commission has jurisdiction. Section 7. Penalties. The violation of or non-compliance with any of the provisions of the foregoing sections or sub -sections of this or- dinance shall "constitute a misdemeanor and shall' subject the offender upon conviction in Corporation Court -of the City of Beaumont to a fine of -not less than One Dollar(61.00) nor more than One Hundred Dollars ($100.00), for each such violation or non-compliance, and each -day -'s -violation or non-compliance shall be -'a separate offense, provided that there -is excepted from this penal clause any -offense committed hereunder for which the United States or the State of -Texas has prescribed a different penalty. Section S. Saving Clause. If any section, sub -section or portion of this ordinance shall for any reason be held invalid, the same shall not affect the remaining portions of this ordinance, but all remaining portions hereof shall be valid and effective, - and it- is declared by -the City Commission of the City of Beambnt that all such other provisions would -have ' ould have. been enacted regardless of invalidity of such portion so affected. Section 9. Repealing Clause. A,11 ordinances and parts -of ordinances -of `the City of Beaumont in conflict herewith are hereby expressly repealed. Section 10. The fact that the present ordinances -of the.City of Beaumont are-inadequate with reference to defining'tre Harbor Limits . of : the Port of Beaumont, -and with reference to prescribing rules and _regulations for the anchoring and moor- ing of ,boats., and the depositing of inflammable. substances in and around the wharves and docks of the Port of Beaumont, and such inadequacy seriously endangers public property and public -safety,. "creates an imperative public emergency, neces- sitating the . suspension of the- ruling; requ-firing- ordinances to be-read on three several days. before their final passage, where- fore, said rule is hereby suspended, and this 'ordinance shall become effective-from and, after..its passage and publication. Passed by-the affirmative vote of all members of the C'ty Commission of the City of Beaumont., Texas, this the- day of March, A. D. 1934. Z a y o r