HomeMy WebLinkAboutORD 3-KAN ORDINANCE
ENTITLED AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF A
DEPARTMENT OF GARBAGE AND -REFUSE DISPOSAL FOR -THE CITY -OF BEAUMONT;
CREATING THE"OFFICE OF SUPERINTENDENT -OF THE DEPARTMENT OF GARBAGE
AND REFUSE DISPOSAL AND -PRESCRIBING HIS POWERS,.DUTIES AND COMPENSA-
TION; PROVIDING FOR A FREE GARBAGE DISPOSAL SYSTEM FOR THE CITY OF
BEAUMONT AND THE ESTABLISHMENT OF A MUNICIPAL GARBAGE AND REFUSE
DUMP; PROVIDING RULES -AND REGULATIONS FOR THE GOVERNMENT OF SAID DE-
PARVdENT AND THE FEES TO BE. CHARGED FOR THE REMOVAL OF TRASH, REFUSE
AND WASTE, INCLUDING NIGHT SOIL; REGULATING THE SALE AND -REMOVAL OF
GARBAGE, TRASH, WASTE AND -REFUSE, AND THE ISSUANCE OF.PERa4ITS- AND
LICENSES THEREFOR; PROVIDING PENALT-IES-FOR THE NON-COMPLIANCE WITH
AND/OR VIOLATION -OF THE -PROVISIONS -HEREOF; AND REPEALING ALL ORDI-
NANCES AND PARTS OF ORDINANCES IN -CONFLICT -THEREWITH;'-
- _
BE IT ORDAINED BY THE CITY -COMMISSION OF THE CITY OF
BEAUMONT, TEXAS:
ARTICLE 1: Administrative provisions.
Section 1: Creation of Department.
There is hereby -;created a Department of the City -of Beaumont
to be hereafter known as the Department of Garbage -and Refuse Disposal,
which shall be - a, part of . the -Division of Public Welfare, under the c aa-
trol . and supervision of the_ Director t_ hereof, and of the Department of
Health and Sanitation.
Section 2: Office of Superintendent. -
The office of - Superintendent of the Garbage and Refuse Dis-
posal Department of the City of Beaumont is.hereby created. He shall
have active charge of said Department under, the supervision and con-
trol of -the Director of Health and Sanitation of the - City- of Beaumont.
Said Superintendent shall be -=nominated by said Director, approved by
the City Manager and confirmedby.the City Commission, which shall fix
his compensation and the amount -of bond -to be'given by him, condition-
ed that said Superintendent -shall promptly pay to the Director of
Finance all sums of money which may come into his hands from the
collection -of fees or otherwise belonging to the City of Beaumont.
Section -3: Free'Garbage and Refuse Disposal System.
There is hereby established, and -shall perpetually -continue
in operation within the.corporate-limits of the City of Beaumont, a
free Garbage and Refuse Disposal System for the ,purpose of -collecting
and disposin§ of all garbage and refuse embraced within the meaning
of the term garbage",': as hereinafter defined, accuramulating upon any
premises within said corporate limits, free of all direct charges upon -
the residents of the City of Beaumont therefor, said system to be
operated under -the supervision and control of the Superintendent of
the Department of Garbage ,and Refuse Disposal of the City of Beaumont;
provided, however, that such free Garbage and Refuse Disposal System
shall never include the free gathering and disposal of boxes, crates,
cartons and other containers of merchandise of any description emptied
of their contents, or bulky wastes or refuse di scarded by mercantile
or other establishments, or trash, rubbish, waste -,.and/or refuse as
such terms are hereinafter defined.
Section 4: Garbage and Refuse Dump.
There is hereby established and shall be maintained -on that
certain 332 acres of land, situated in the. W. H. Hodges Survey, lying
north of -and adjoining the north line of the Kirby Canal, between...; :_ �.
BrekW-g Bayou and the Neches River,-irrcluding a ten -acre tract, as more
fully described in deed of the Kirby Lumber C-ompany to'the City of
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Beaumont, dated March 17th, 19303, recorded in Deed Records of
Jefferson County, Texas, Vol. 341, P. 621, a municipal Garbage and
Refuse Dump for the deposit and disposal. of all garbage, refuse,
trash, rubbish and wastes.
Section 5: Powers and Duties of Superintendent.
(a) Inspection.
It shall be the duty of the Superintendent of the
Garbage and Refuse Disposal Department to carefully inspect all pre-
mises within the corporate limits of the City of Beaumont, and to
this end, he is hereby empowered to enter in and upon any such pre-
mises at any time when in discharge of his duties. It shall be his
duty further to direct and order the removal of any accummulzation
of garbage, trash, refuse, waste, or rubbish from any such premises
by serving written notice upon the owner or occupant thereof, as
herein provided, as well as the cleaning of vaults, box privies or
closets and removal of night soil.
(b) Removal of Garbage, Refuse, etc.
It shall be the duty of said Superintendent to super-
vise and have removed from any and all premises within the corporate
limits of the City of Beaumont, or whenever same is removed by the
owner, his agent or employee, all garbage, trash, rubbish, waste and
night soil, and, except as otherwise provided herein, such service
shall be rendered free of all charges; and it shall be his duty to do
and perform every other act and thing necessary to be done, or by
order and direction of the Health Officer or Director of Sanitation
of the City of Beaumont, in connection with the removing, carrying
away and disposing of all such garbage, rubbish, trash, waste and
night soil.
(c) Employees and Equipment.
The Superintendent shall have immediate and direct
control and supervision over all employees of the Department, and
with the consent.and approval of the Director of the Division of
Public Welfare, may employ and discharge any or all such employees.
He shall have change and control also over all equip-
ment and property belonging to the Department, and it shall be his
duty to see that same is properly administered and kept in good work-
able condition at all timeso
(d) Records, Reports and Collection of Fees.
It shall be the duty of the Superintendent to collect
all fees and charges due the Department and approve any expenditures
before made and all requisitions for the purchase of supplies and
;;material or equipment, but he shall not have the power to expend any
of the funds of the Department except with the consent and approval
of the City Manager or the City Commission.
He shall report daily all work performed by his Depart-
ment and the amount of fees and charges collected in the form of an
itemized statement thereof' to the Director of Sanitation; and it shall
be his duty to make such other reports as may be necessary or as may be
required by the Director of Sanitation. All fees and charges collected
shall be paid over to the Director of Finance of the City of Beaumont.
(e) Powers in General.
The Superintendent of the Department of Garbage and
Refuse Disposal is hereby invested with all power and authority
requisite and necessary for the proper and efficient. enforcement of
all the provisions of this ordinance_ and for the enactment of suc.4
rules and regulations as may be necessary for the conduct of the
affairs of the Department and its employees.
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It shall be his duty to inspect all containers for
garbage, trash and other refuse when same have been reported as not
in compliance with the requirements of this ordinance, or in an
unserviceable condition, and out of repair, etc., and he shall have
the power to condemn such containers and order same to be summarily
removed by employees after non-compliance by the owner thereof with
written notice given him by said Superintendent, as hereinafter pro-
vided.
ARTICLE II: Regulatory and Penal Provisions.
Section l.-
(a)
:
(a)
Definitions.
Garbage.
The term "Garbage" as herein used shall mean and in-
clude all solid or semi. -solid, but not liquid, substances, such as
kitchen refuse, market wastes of animal and/or vegetable matter, etc.,
which have been used or were intended to be used as food for man or
animal, and for the purposes of this ordinance, shall include the
carcasses of dead animals or fowls not exceeding 10 pounds in weight.
(b) Rubbish. - Trash.
The terms "Rubbish" and/or "Trash", as herein used,
shall mean and include all wastes -and refuse, other than garbage,
as above defined,.wholly or partially combustible, or incombustible,
and of such size and dimension, and in such quantities, as can be
easily placed and contained within rubbish and waste and trash con-
tainers as herein defined and provided for.
(c) Waste - Refuse.
The terms "Waste" and/or "Refuse", as herein used,
shall mean and include all trash, rubbish, waste and refuse other
than that defined in Subdivision (b) hereof, including bulky wastes
or refuse discarded by mercantile and other establishments, such as
empty containers of merchandise, old machinery, parts of automobiles,
cinders, ashes, scrap iron of all kinds, and any other substance or
material which has been discarded or is the waste product of any
manufacturing or other establishment, or results from the demolition
of any structure or building; and including further any other object,
substance or thing, of whatever kind or character which, for any
reason, may be or may have been thrown away, discarded or abandoned®
(d) Night Soil.
The term "Night Soil", as herein used, shall mean and
include the accummulation.of human excrement in receptacles placed
in vaults, privies or box closets, or other arrangements of similar
character for the convenience of human beings.
(e) Garbage Can.
The term "Garbage Can", as herein used, shall mean
and describe a circular,.watertight receptacle, having a capacity of
not less than ten nor more than thirty gallons, wholly constructed
of metal and provided with a close fitting top of the same material
as the body thereof.
All receptacles of a ten gallon capacity must be con-
structed of metal of at least 26 gauge thickness; over ten and in-
cluding twenty gallons, 24 gauge thickness; over twenty gallons,
capacity of 22 gauge thickness.
(f) Trash Can.
The term "Trash Can", as herein used, is intended to
mean and describe a circular receptacle constructed of metal, having
a capacity of not more than fifty-five gallons, with a close fitting
cover of the same material as the receptacle. All receptacles of a
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larger capacity than thirty gallons must be constructed of metal of
at least 20 gauge thickness.
(g) Privy Can.
The term "Privy Can`', as herein used, is intended to
mean and describe any receptacle or container used in privies, box
closets or similar sanitary arrangements for the receiving and dis-
posal of human excrement, and shall be of circular form, constructed
of metal of at least 22 gauge thickness and must at all times be
thoroughly gatertight,
(h) Person.
The term "Person" shall mean and embrace natural per-
sons, association of persons, firms and corporations, and any legal
entity capable of being sued.
Section 2: Unlawful Aecummulation Garbage, Refuse, Night
Soil.
It shall be unlawful for any person, the owner or occupant
of any dwelling, building, or other premises within the municipal
jurisdiction of the City of Beaumont to throw, deposit or accummulate,
or permit to be thrown, deposited or accummulated and remain any
garbage, rubbish, trash, waste, refuse, night soil or other filthy
substances of any kind or character, or the night soil from privies
and box closets, in, upon and on the following localities and high-
ways:
(a) Premises owned or occupied by such person.
(b) Premises adjoining on any side the premises
ovmed or occupied by any such person, or any other premises, irrespec-
tive of where located, within the municipal jurisdiction of the City
of Beaumont.
(c) Gutter, ditch or open drainage canal,
(d) Streets, sidewalks, alleys and other public high-
ways in the City of Beaumont.
(e) In any place or receptacle, either inside or out-
side of said premises, where the said garbage., refuse, night soil,
rubbish, trash, waste or other filthy substance woulddrain or be
carried into any public or private sewer, or in any manner contaminate
the water supply from private wells or cisterns or the waterworks of
the City of Beaumont.
All pchl ggbage, wastes, rubbish, trash, night soil or
other filthy subst �s�deposited in garbage cans, trash cans and
privy cans and disposed of as herein provided for. It shall be unlaw-
ful and a violation of this Section for any person to mix garbage with
rubbish and trash, waste, refuse, or night soil, but each must be
deposited in its re;pective container.
In the case of wastes and refuse, as defined in Sub-
division (c) of Section 1 of this Article, a delay of 48 hours is
permitted for the disposal thereof as hereinafter provided.
Section 3: Unlawful Receptacles, Duty of Owners and Occupants
of Premises.
It shall be unlawful for any person, the ovmer or occupant of
any dwelling, building, or other premises in the City of Beaumont, to
deposit garbage, trash, rubbish, refuse, waste or night soil in any
receptacles other than as hereinabove defined and provided for; and
it shall be the duty of all such persons to provide such receptacles
for their respective premises, and keep the same in a convenibnt place
on sidewalk abutting their respective properties and near the curb
thereof so as to be easily accessible to. the employees of the ]Depart-
ment of Garbage and Refuse Disposal.
Imo. - Ii. .
an It shall further be unlawful for an
Y of said. receptacles to deteriorate Y such
Of repair as to allow the contents thereof ome so persons to permit
be scattered around damaged and out
sidewalks, in and upon the adjoining leak or fall out; and
of employeesOf
Ys °r other public hi premises, streets,
Use b the Department to highways; and it shall
be Y any Person of notify the Superintendent Of the
provisions of this any receptacle which does he
pair by reason hisOf derdinance. r which not comply with the
is unserviceable or out oi' re -
All such deteriorated, damage or other cause.
or any receptacle used f dam aged or out of re
and other refuse or receiving and disposing repair receptacles
to allow contents Which are in such condition garbage, trash
walks thereof to escape upon an ' or so constructed as
eclarestreets and other highways Y Premises
Y of the C or the side-
sha_11 e summarily and are denounced . lty of Beaumont, are hereby
ummarily taken u as Public nuisances
'f shall n .on p and destroyed b , and as such
orders from the -Superintendent Y any emPlOyee of t
owner thereof to com l
twenty-fourP Y with the , upon the failure oih'ethe
(24) hours after d Provisions of t
Owner so to do b due written his ordinance within
Sanitation, y Superintendent of the Deotice has been
partment or Director On olid
Section 4; Removal of
It shall be Carrion and Carcasses.
be hdeepposited or unlawful for any
permit to remain -uponPerson to deposit or cause to
' or on Premises adjacent theretonY Premises owned or
streets, sidewalks , or in or u occupied
the City of Beaumont
or other public highways
any of the
or fowl owned b the carcass or arts thereof
°r Places in
Parts thereof, exceeding Ounder t hereof of
his control any dead animal
garbage receptacles shalltbe removed by -such
' but all such carcasses or
he permissible weight for depositing in
Garbage and Refuse Dump, person to the
by the Superintendent of theDepartmentrtmentrwise �'sP°sed of as o Municipal
or the same may be removed b P of Garbage y be directed
son. If the own®r f Y said Department atgthe n cost Ofesaid .pe -"
owner refuses or fails such
remove animal
asame' the fowl De artme t
theless, remove any such carcass or ' eP artmentsshallh never -
Beaumont shall have the right -to collectstt thereof and the City of
the ov✓ner st of such service from
if known, by suit.
Section 5: Animal Excrement, Failure to Remove.
It shall be unlawful for an
any animal or animals kept in an stableson the
within the limits of the City of any
or its owner or keeper of
tion to permit the deposit and accisdic-
pen' lot or other enclosure
animal excrement upon any such premises or any
manureicipal r other
ummulation of any manure or other
or any public highway abutting said Premises. Provid adjacent thereto,
where such animal excrement is used as fertilizervupon said re
.it may be deposited in a watertight bin or otherz ' however, that
capacity not exceedinglift container of amises,
five days, Y gallons and for a period not exceeding
Y , and any of same not used for fertilizer must be
removed to the Municipal Garbage and Refuse Dump immediately
of as may be directed or permitted by the SuperintendentrofgtheiDepart-
ment. P
In the event of violation of the provisions of this Section
and/or the failure, neglect or refusal of an
dispose of -such animal excrement as directed theson Superint ndento remove tnshall
Cause the same to be removed and collect the cost of such service
from the owner of the animals or occupant of the premises.
For the purposes of this ordinance all animal excrement shall
be considered as included in the term "Refuse".
Section 6: Unlawful to -Remove Garbage and Refuse without Permit.
It shall be unlawful for any person other than the employees of
the Department of Garbage and Refuse Disposal, to remove
nbblahi waste , refuse or night sail from any pra-
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mises in the City of Beaumont or to remove and deposit, or cause to
or permit to be removed and deposited the same in any place or
locality other than the Municipal Garbage and Refuse Dump as herein
established, except as hereinafter permitted.
Section 7: Application for Permit.
It shall be unlawful -for any person, the owner of any garbage,
refuse, waste, trash, rubbish or night soil within the City of Beau-
mont
eaumont to remove or have the same removed from his premises, or make
any other disposition thereof, by contract or otherwise, or for any
person not the owner thereof to remove the same from any such pre-
mises., without first having filed written application for a permit
so to do with the Superintendent of the Department of Garbage and
Refuse Disposal or the Director of Sanitation of the City of Beaumont,
which application shall set forth the following:
(a) Name and address of applicant
(b) Character and approximate daily quantity of
garbage, refuse waste, etc.
(c) Location of premises from and to which garbage
and refuse, waste, etc. is to be removed, other than the Municipal
Garbage and Refuse Dump, and what final disposition is to be made
thereof.
(d) Method and manner of removal, including kind and
equipment of conveyance to be used for removal. .
(e) If removal is to be done under agreement or con-
tract, state terms briefly with name and address of party with whom
contract or agreement is to be made.
Section 8: Issuance of Permit,
Upon the filing of such application, the Superintendent of
the Department or the Director of Sanitation, shall make or cause
to be made, due investigation and inspection of the premises to which
said garbage, refuse, etc., is to be removed and disposed of, if
within the municipal jurisdiction of the Ci.ty of Beaumont, and of the
conveyance and receptacles in which it is to be carried; and if the
provisions of this ordinance have been complied with, and the proposed
removal and disposition of such garbage and refuse will not violate
any of said provisions, or create or be likely to create a public
nuisance, in the neighborhood, the -permit applied for shall be granted,
otherwise, same shall be refused.
Section 9: Fees, License.Plate, Payment of Taxes.
(a) License Plates.
At the time of issuance of permit, there shall also
be issued to the applicant a license plate bearing the legend tPSanitary
Conveyance", the year of issuance and number of permit, which plate
shall be affixed in a conspicuous place on all conveyances for which
permits are issued.
(b) Life of Permits.
All permits and licenses shall be issued for annual
periods only, expiring on December 31st, of .each and every year, pro-
viding that permits and licenses may be issued for fractional parts
of any year during which application is filed.
(c) Fees for Permits.
Fees for permits, including license plates and inspec-
tion charges, shall be as follows:
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All containers, receptacles and conveyances used for the
composition, removal and hauling of garbage, night soil, trash and
other wastes and refuse shall be cleaned thoroughly after being
emptied or unloaded, and must not be"carried or driven through the
streets of the city emitting offensive odors..
All license plates.shall be affixed in a permanent manner
in. a conspicuous place on outside of conveyance, preferably near
driver I s segt;
(d) Exceptions: If the trash, refuse or other
waste matter consists solely of bulky material, or such waste sub-
stance as cannot readily be blown out or fall out of conveyance, the
conveyance may be used without being covered, as herein required.
This exception shall also apply where the refuse or night soil is
carried on conveyance in containers with close fitting tops so
fastened that they cannot slip off.
Section 11: Revocation of Permit, Appeal.
The permit herein authorized to be issued may be revoked by
the Director of Sanitation or Superintendent of the Garbage and
Refuse Disposal Department at any time for the violation of and/or
non-compliance with any of the provisions of this ordinance or the
conditions under which it was issued, and immediately upon such
revocation, the license plate issued thereunder shall be surrender-
ed to the Department through any of its duly authorized representa-
tives; provided, however, that any.person feeling aggrieved by such
revocation shall have the right to appeal to the City:Commission
for redress and such appeal shall be made either by personal
appearance before the Commission on the part of the aggrieved party,
or by written communication addressed to it setting forth the cause
of complaint.,,
After.due hearing and investigation, the action of the City
Commission thereon shall be final.
Section 12: Refusing Entry for Inspection - To Remove
Refuse in compliance with Notice.
It shall be unlawful for any person, the owner or occupant
of any premises of whatever character within the municipal jurisdic-
tion of the City of Beaumont, to refuse entry thereto for purposes
of inspection by the Superintendent of the Garbage and R@fuse Dis-
posal Department, or his duly authorized deputy, or in any manner
to obstruct, hinder and/or interfere with them or either of them in
the discharge of their duties hereunder, and to refuse, fail or neg-
lect to clean up any premises and have removed therefrom any accummu-
lation of garbage, trash, rubbish, wastes, refuse and night soil
within the time stated in written notice so to do given any such per-
son by said Superintendent or his duly authorized deputy.
Section 13: Fees for -Removal of Refuse and Waste, Trash and
Rubbish.
Except as herein provided for the issuance of permits and for
the free removal and disposaa. of garbage, the Department of Garbage
and Refuse Disposal, acting through its Superintendent, shall have
the power to impose and collect such fees and charges as may be
finally approved by the City Manager or the City Commission for the
removal and disposal of all trash, rubbish, waste, refuse, night'soil,
carrion, offal, manure and all other wastes and refuse of every
character and description, -.which fees and charges shall be payable at
such times and periods as may be prescribed by the City Manager or the
City Commission, and shall not exceed the reasonable cost pf perfor-
mance of such services, including depreciation of equipment and main-
tenance.
For removal of garbage only for purpose
of feeding live stock, from each resi-
dence or other premise, per annum or
fractional part of any year............$ 1000
For removal of trash, wastes, rubbish
and other refuse, in truck belonging to
the owner thereof, only, including license
plate and use of Dump, per annum....... 36.00
Fractional parts of a year shall be
charged by month at the rate of $3.00 per
month, for remaining portion of any year
between date of application and December
31st of any year.
(d) Payment of Permit Fees.
Fees for permits shall be payable at the time of
granting and issuance of permit, and thereafter all fees shall be
payable at any time between the 1st and 31st of January of each year.
Non-payment of permit fees within the time herein set forth shall
operate an immediate revocation of permit issued'.
(e) Payment of Taxes.
No permit or license plate shall ever be issued to
any applicant unless all taxes due on the vehicle covered by permit
and license have been paid to the Tax Collector of the City of Beau-
mont, and until the applicant shall exhibit to the Superintendent of
the Department of Garbage and Refuse Disposal, or Director of Sanita-
tion tax receipt evidencing payment thereof.
Section 10: Conveyances, Equipment.
It shall be unlawful for any person to remove, or cause or
permit to be removed, and no permit shall be issued or license granted
for the removal of � any garbage, trash, refuse, waste, rubbish or night
soil from any premises in the City of Beaumont and within its jurisdic-
tion, unless the same be removed in conveyances equipped in accordance
with the following specifications:
. ( a) Garbage and Night Soil: This character of refuse
must be placed in watertight receptacles, to be carried on conveyance,
with close fitting covers to prevent the escape of contents and
offensive odors therefrom.
(b) Rubbish, Trash, Waste: This class of refuse may
be placed in containers and so carried or on bed of conveyance, provid-
ed such conveyance is equipped with proper covering aohereinafter pro-
vided; but if not carried in containers with covers, such refuse must
be so bundled and tied up or otherwise arranged so as to prevent its
escape from such conveyance.
(c) Conveyances: All sanitary conveyances of every
character must be equipped with sides and tailboards so that the bed
thereof, when tailboard is up, shall be completely enclosed, standing
not less than -2.1 2 feet above bed ofconveyance, and shall be equipped
with permanent solid cover or an adjustable cover of substantial,
durable material, which must be of such dimensions as to completely
cover the bed or body of conveyance and extend down the sides in such
manner as to prevent any of the refuse being carried from, escaping,
bloom out, or otherwise falling out and being distributed along public
highways.
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Section 14: Lien for- Payment Fees and Charges.
The provisions of this ordinance, insofar as they may cover
the same subject matter embraced in ordinance passed by the City
Commission of the City of Beaumont, June 28t7h, 1932, recorded in,
Minutes of Ordinances, Book Number 6, Page 967, et seq, regulating
the sanitation of premises in the City of Beaumont and carrying into
effect the provisions of Article 4436, Revised Statutes of the -State
of Texas, shall be construed as supplementary thereto; and the City
of Beaumont, whenever required to perform the services herein pro-
vided for at the cost of the owner of the premises and such costs
and charges remain -unpaid after due demand, shall - acquire. and have
a lien for the payment thereof.in the same manner and to the same
extent as provided for in.said ordinance by complying with -the pro-
visions of Sections 13 and 14 thereof,
Section 15: Repealing and Unconstitutionality Clause.
Should any section of this.ordnance, or part thereof, for
any reason be held to be invalid, such holding shall not affect the
validity of other sections or parts thereof, and all such valid
portions shall remain in full force and effect.
It is hereby declared to be the intention of the City
Commission of the City of Beaumont, in adopting this Ordinance, to
repeal all Articles of the Revised Code of Ordinances of the City of
Beaumont of 1911, and all Ordinances and/or parts of ordinances
adopted since,the year 1911 which, in any manner, conflict herewith,
and all of said Articles, Ordinances as well as parts thereof are
hereby repealed and abrogated as fully and to the same extent as if
herein set out in fullm
Section 16: Penalty.
Any person failing and/or refusing to comply with the pro-
visions of this Ordinance, or violating the same, shall be deemed
guilty of a misdemeanor, and upon conviction thereof, shall be fined
in any sum not less than 10:00 nor more than $100.00, and each day's -
non -compliance therewith or violation thereof shall be deemed and
constitute a separate offense*
regulatin&_
are obsolee
sanitary co
of, creates
passage of
ordinances/
ordered the
fact That the present ordinances 6f
the cgllection and di sposal of garb�a
e ang inadequate in their provisions
nditions of the City and the health
-t o \
t s
ed and nave ru
passage and la
the City of `,Beaumont
e and refuse, etc.
nd jeopardize /the
the citizens/there-
necessity for the
rule requiring
, It: is therefore
ordinance be \pass®
he date of it's
emergency and ari,�.Imperative publi.✓c
s Ordinance undeP, suspension of ane
be read -at three/separate meetings.
aid rule be suspended and that/this
11 force and effect from and/after
wful publication.
Passed-�by. the a#'firmative
vote of all members _
of
the City
Commission this 'the day of
, A.
D.
1933.
MAY , City of Beaumont, Texas.
AN ORDINANCE
ENTITLED AN ORDINANCE AMENDING AN ORDINANCE PASSED ON
THE 2ND DAY OF OCTOBER, A. D. 1934, PROVIDING FOR THE ESTABLISH-
MENT OF GARBAGE AND REFUSE DISPOSAL FOR THE CITY OF BEAUPIONT BY
CHANGING SECTION 7 IN SAID ORDINANCE TO INCLUDE " THE OV'JNER OR
OPERATOR OF ANY CONIVEYANCE" AND BY ADDING TO SAID ORDINANCE SEC-
TION 72 PROVIDING FOR THE LICENSING OF THE OVu�IER OR OPERATOR OF
A CONVEYANCE FOR RE1WVAL OF GARBAGE, d,JASTE, ETC., AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BEAITMONT, TEXAS :
Section 1.
That'Section 7 of an ordinance dated the 2nd of October,
A. D. 1934, providing for the establishment of a Garbage and Refuse
Disposal for the City of Beaumont shall be -amended to hereafter
read as follows;
It shall be unlawful for any person, the owner of any
garbage, refuse, waste, trash, rubbish and night soil, or the owner
or operator of any conveyance within the City of Beaumont, to remove
any garbage, refuse, waste, trash, rubbish and night soil or have
the same removed from the premises of said owner or make any other
disposition -thereof by contract or, otherwise or have any person re-
move the same from any premises within the corporate limits of the
City of Beaumont which are being used or partly used for mercantile,
commercial, manufacturing or other business enterprises without
first having filed written application for a permit so to do with
the Superintendent of the Department of Garbage and Refuse Disposal
of the City of Beaumont which application shall set forth the
following:
(a) Name and address of applicant;
(b) Character and approximate daily .quantity of garbage,
refuse, waste, etc.;
(e) Location of premises from and to which garbage and
refuse., ,*Taste, etc... is to be removed, other than the Municipal Gar-
bage -and Refuse Dump, and what final disposition is to be made
thereof.
(d) Method and manner. of removal, including kind and
equipment -Of conveyance to be used for removal.
(e); If rerlloval is t.o be done under agreement 'or contract,
state terms briefly with name and address of party with whom con-
tract or agreement is to be made.
Section .2.
Be it further ordained that there be added to above
said ordinance Section 72 as follows:
The owner and/or operator of each conveyance shall secure
a license for removal of said garbage, waste, night soil, etc: for
each place of business from which he removed the same.
The fact that Section 7 of said ordinance is contradictory
and confusing and that there is no provision in said ordinance pro-
viding for the licensing of the owner or operator of vehicles for
conveying said garbage, waste and other matter and that the same
must be daily removed from the premises within the City of Beaumont,
creates an imperative public necessity, necessitating the suspension
of .the rule.requiring ordinances to be read on three separate days
before adoption, said rule is therefore hereby suspended and this
Ordinance shall be in full force and effect from and after its law-
ful passage.
PASSED by an affirmative vote of all members of the City
Commission, this the o, fL - day of November, A. D. 1936.
APPROVED AS TO FOM4:
Cit Attorney -
MAYOR -
3
LP
AN ORDINANCE
ENTITLED AN ORDINANCE P1=cOVIDING FOR THE ESTABLISHMENT OF A
DEPARTMENT OF GARBAGE AND REFUSE DISPOSAL FOR THE CITY OF BEAUMONT;
CREATING THE OFFICE OF SUPT RINTENDENT OF THE DEPARTi:,,,&iT OF GARBAGE AND
REFUSE DISPOSAL AND PRESCRIBING HIS P0WERS, DUTIES AND COMPENSATION,
PROVIDING FOR A FREE, GARBAGE DISPOSAL SYSTE1k FOR THE CITY OF BEAU11dONT
AND THE ESTABLISMvItENT OF A idUNICIPAL GARBAGE AND REFUSE DUMP; PROVID-
ING RULES AND REGULATIONS FOR THE GOVERNMM. T OF SAID DEPARTc:1ENT AND
THE FEES TO BE CHARGED FOR THE RE-ZOVAL OF TRASH, RLFUSE, AND WASTE,
INCLUDING NIGHT SOIL; REGULATING THE SALE AND REuiOVAL OF GARBAGE,
TRASH, WASTE AND REFUSE, AND THE ISSUANCE OF Piav'=S AND LICENSES
THEREFOR; PROVIDING PENALTIES FOR THE NON-COMPLIANCE LITH AND/OR
VIOLATION OF THE PROVISIONS HEREOF; AND REPEALING ALL ORDINANCES AND
PARTS OF ORDINANCES IN C014FLICT HEREWITH.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
BEAUMONT, TEXAS.
ARTICLE 1. Administrative -provisions.
Section to Creation of Department.
There is hereby created a Department of the City of Beaumont
to be hereafter known as the Department of Garbage and Refuse Disposal,
which shall be a part of the Division of Public 4y'elfare, under the
control and supervision of the Director thereof, and of the Department
of Health and Sanitation.
Section 20 Office of Superintendent.
The office of Superintendent of the Garbage and Refuse Dis-
posal Department of the City of Beaumont is hereby created° He shall
have active charge of said Departx-.Ant under the supervision and con-
trol of the Director of Health and Sanitation of the City of Beaumont.
Said Superintendent shall be nordinated by said Director, approved by
the City Manager and. confirmed by the City Commission, which shall fix
his compensation and the amount of bond to be given by him, conditioned
that said Superintendent shall promptly pay to the Director of Finance
all sums of money which may come into his hands from the collection of
fees or otherwise belonging to the City of Beaumont.
Section 3. Free Garbage and Refuse Disposal System.
There is hereby established, and shall perpetually continue
in operation within the corporate limits of the City of Beaumont, a
free garbage, rubbish, trash, waste and refuse disposal system for
the purpose of collecting and disposing of all such garbage, rubbish,
trash, waste and refuse embraced within the meaning of the terms as
hereinafter defined, accumulating upon any premises within the said
corporate limits of the City of Beaumont, and which said premises are
being used solely for dwelling purposes, free of all direct charges
upon the residents of the said City of Beaumont therefor, said system
to be operated under the supervision and control of the Superintendent
of the Department of Garbage and Refuse Disposal of the City of Beau-
mont; provided, however, that all such garbage, rubbish, trash, Twaste
and refuse must be placed in containers as hereinafter set out by
occupant of said premises before the Department of Garbage of the City
of Beaumont shall be rer_uired to remove said garbage, rubbish, waste
and refuse from such premises
No provision of the above Section three (3) shall be con-
strued so as to require the Department of Garbage of the City of
Beaumont to remove free of charge any garbage, rubbish, waste, refuse
and night soil that may accumulate on premises within the corporate
limits of the City of Beaumont that are being used or partly used for
mercantile, commercial, manufacturing or other business enterprises;
nor shall any provision of the said foregoing Section three (3) be
contrued so as to require the Department of Garbage of the City of
?e I.¢ 3 -&
#2.
Beaumont to remove free of charge any night soil that ,?:ay accumulate
on any -premises within the corporate limits of the City of Beaumont
regardless of whether said premises. are located in the business or
residential section of said city,, -and regardless of how such premises
are being utilized, whether for dwelling purposes or otherwise, but
in all such cases the Department of Garbage and Refuse Disposal, acting
through its Superintendent, shall -have the power to impose and collect
such fees and charges as may be finally approved by the City ~Manager
or the City Commission for the removal and disposal -of all such night
soil, which fees and charges shall be payable at such times and periods
as may be prescribed by the City Commission, and shall not exceed the
reasonable costs of performance of such services, including the de-
preciation of the equipment and maintenance.
Section 4. Garbage and Refuse Disposal System From
Business and Commercial Premises.
There is hereby established, and shall perpetually continue
in operation, within the corporate limits of the City of Beaumont a
garbage and refuse disposal system for the purpose of collecting and
disposing -of all garbage, rubbish, viaste and refuse within the meaning
of the terms as hereinafter defined, accumulating upon any premises
within the said corporate limits, used, or partly used, for- mercantile,
commercial, manufacturing or other business enterprises, said system
to be operated under the supervision and control of the Superintendent
of the Department of Garbage and Refuse Disposal of the City of Beau-
mont; the Department of Garbage and Refuse Disposal, acting through
its Superintendent, shall have the power to impose and collect such
fees -and charges as may be finally approved by the City Mianager or the
City Commission for the removal and disposal of -all trash, rubbish,
waste, refuse, carrions, offal and 2.11 other waste and refuse of every
character and description, which fees and charges shall be payable at
such times and periods as!may be prescribed by the City ivanager or
the City Commission, and shall not exceed the reasonable costs of
performance of such services, including depreciation of equipment and
maintenance.
No provision of this Section Four (4) shall be construed
so as to prevent the -owner of any such premises occupied or used for
mercantile, commercial, manufacturing or other business enterprises
"from establishing and maintaining a private garbage and refuse dis-
posal system, but such oviner, lessor or proprietor -may provide for
the hauling of such garbage, rubbish-, refuse, and waste from his pre-
mises to the Llunicipal Garbage and Refuse Dump by private -conveyance
with his own equipment and for his own use, after having complied with
the -terms of this ordinance as hereinafter set-out.-
Section
et-out.-
Section 5. Garbage and Refuse Dump.
There is hereby established and shall be Maintained on that
certain 332 acres of land, situated in the W. H. Hodges ;purvey, lying
north of and adjoining the north line of the Kirby Canal, between
Brake's Bayou and the Neches River, including a. ten acre tract, as
more fully described in the Deed of the -Kirby Lumber Company to the
City of Beaumont, dated March 17th, 1930, -recorded in Deed Records of
Jefferson County, Texas, Vola 341, p. 621, a municipal Garbage and
Refuse Dump for the deposit and disposal of all garbage, refuse, trash,
rubbish and wastes.
Section 6. Pov.ers and Duties of Superintendent.
(a) Inspection.
It shall be the duty of the Superintendent of the Garbage and
Refuse Disposal Department to carefully .inspect all premises within
'the corporate limits of the City of Beaumont and to this end, he is
hereby empowered to enter in and upon any such premises at any time
IV
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"f 6l
10m./9
when in discharge of his duties. It shall be his duty further to
direct and order the removal of any accumulation of -garbage., trash,
refuse, waste or rubbish from any such premises by serving written
notice upon the ov7mer or occupant thereof, as herein provided, as well
as the cleaning of vaults, box privies or closets and removal of night
soil.
(b) It shall be the duty of the Superintendent of the Depart-
ment of Garbage to supervise and have removed from any and all premises
used for dwelling purposes within the corporate limits of the City of
Beaumont, all garbage, trash, rubbish, refuse and night soil, and,
except ,as otherwise provided herein, such services shall be rendered
free of all charges and it shall be his duty to do and perform every
other act and thing necessary to be done, or by order and direction
of the Health Officer or Director of Sanitation of the City of Beaumont
in connection with the removing, carrying away and disposing of all
such garbage, rubbish, refuse, waste and night soil from any and all
p=oemi ses within the corporate limits of the City of Beaumont, which
are being used for either dwelling. purposes or otherwise.
(c) Employees and Equipment.
The SuperintA,ndent shall have immediate and direct. control
and supervision over all employees of the Department; and with the
consent and approval of the Director of the Division of Public Wlelfare,
may employ and discharge any or .all of such employees.
He shall have charge and control also over all equipment and
property belonging' to the Department, and it shall be his duty to see
that same is properly admini stared and kept in good workable condition
at all times.
(d) Records, Reports and Collection of Fees.
It shall be the duty of the Superintendent to collect all
fees and charges due the Department and approve any expenditures before
made and all requisitions for the purchase of supplies and material or
equipment, but he shall not have the power to expend any of the funds
of the Department except with the consent and approval of the City
Manager and the City Commission.
He shall report .daily all work performed by his Department
and the amount of fees and charges collected in the form of an item=
ized statement thereof, to the Director of Sanitation, and it -shall
be his duty to make such other reports -as may be necessary or as may
be required by the -Director of Sanitation. All fees and charges
collected shall be paid over to the Director of Finance of the City
of Beaumont.
(e) Powers in General.
The Superintendent of the Department of Garbage and Refuse
Disposal is hereby invested with all pourer and authority requisite and
necessary for the proper and efficient enforcement of all. the provi-
sions of this ordinance and for the enactment of such rules and regu-
lations as may be necessary for the conduct of the affairs of the
Department and its employees.
It shall be his duty to inspect all containers for garbage,
trash and other refuse when same have been reported as not in compli-
ance with the requirements of this ordinance, or in an unserviceable
condition, and out of repair, etc.; and he shall have the power to
condemn such .containers and order tame to be summarily removed by
employees after non-compliance by the owner thereof with written notice
given him by said Superintendent, as hereinafter provided.
#4.
ARTICLE II. Regulatory and Penal Provis-ions.
Section 1. Definitions.
(a) Garbage. The term `!Garbage" as herein used shall mean
and include all solid or semi-solid, but not liquid, substances, such
as kitchen refuse, market wastes of animal and/or vegetable matter,
etc., which have been used or were intended to be used as food for man
or animal, and for the purpose of this ordinance, shall include the
carcasses of dead animals or fowls not exceeding 10 pounds in weight.
(b) Rubbish --Trash. The terms "Rubbish)' and/or "Trash",
as herein used, shall mean and include all wastes end refuse, other
than garbage, as above defined, wholly or partially combustible, or
incombustible, and of such size and dimension," and in such quantities,
as can be easily placed and contained within rubbish and waste and
trash containers as herein defined and provided for.
(c) 4vaste--Refuse. The terms "4vasteli and/or IiRefuse",, as
herein used, shall mean and include all trash, rubbish, waste and
refuse other than that defined in Subdivision (B) hereof, including
bulky wastes or refuse discarded by mercantile and other establishments
such as empty containers of merchandise, old machinery, parts of auto-
mobiles, cinders, ashes, scrap iron of all kinds, and any other sub-
stance or material which has been discarded or is the waste product of
any manufacturing or -other establishment, or results from the demoli-
tion of any structure or building; and including further any other
object, substance or thing, of whatever kind or character which, for
any reason, may be or may have been thrown away, discarded or abandoned.
(d) Night Soil. The term "Night Soil", as herein used,
shall mean and include the accumulation of human excrement in recep-
tacles placed in vaults, privies or box closets, or other arrangements
of similar character for the convenience of human beings.
(e) Garbage Can. The terra "Garbage Can", as herein used,
shall mean and _describe a circular, watertight receptacle, having a
capacity sufficient to hold and care for said garbage, wholly con-
structed of metal and pr'bvided with a close fitting top of the same
material as the body thereof.
All receptacles must be constructed of metal of at least 26
gauge thickness, over ten .and including twenty gallons, 24 gauge thick-
ness., and over twenty gallons capacity of 22 gauge thickness.
(f) Trash Can. The terra "Trash Can", as herein used, is
intended to mean any receptacle, metal or otherwise, of sufficient
strength and texture whereby all such rubbish and trash may be secure-
ly contained in such a manner so as the same may be loaded upon trucks,
or other conveyances, without causing unnecessary trouble or delay to
the City Garbage Department.
The Superintendent of the Garbage Department shall have the
power to make inspection of such "trash cans" before removing any rub-
bish or trash contained therein and may refuse to remove the same until
it is properly sacked or placed in other proper containers.
(g) Privy Can. The term "Privy Cane, as herein used, is
intended to mean and describe any -receptacle or container used in
privies, box closets or similar sanitary arrangements for the receiving
and disposal of human excrement, and shall be of circular form, con-
structed of metal of at least 22 gauge thickness and must at all times
be thoroughly watertight.
(h) Person. The term UPerson" shall mean and embrace natural
persons, association of persons, firms and corporations, and any legal
entity capable of being sued.
#5.
Section 2. Unlawful Accumulation Garbage, Refuse,
Night Soil.
It shall be unlawful for any person, the owner or occupant of
any dwelling, building or other premises within the municipal juris-
diction of the City of Beaumont to throw, deposit or accumulate, or
permit to be thrown, deposited or accumulated and remain any garbage,
rubbish, trash, waste, refuse, night soil or other filthy substances
of any kind or character, or the night soil from privies and box closets
in, upon and on the following localities and highways
�a Premises owned or occupied by such person;
b� Premises adjoining on any side the premises owned or
occupied by any such person, or any other premises. -irrespective of
where located, within the municipal jurisdiction of the City of Beaumont.
�c� Gutter, ditch or open drainage canal;dStreets, sidewalks, alleys and other public highways in the
City of Beaumont;
(e) In any place or receptacle, either inside or outside of
said premises, where the said garbage, refuse, night soil, rubbish,
trash, waste or other filthy substance would drain or be carried into
any public or private sewer, or in any manner contaminate the water
supply from private wells or cisterns or the waterworks of the City of
Beaumont.
All such garbage, wastes, rubbish, trash, night soil or other
filthy substances shall be deposited in garbage cans, trash cans and
privy cans and disposed of as herein provided for. It shall be unlaw-
ful and a violation of this Section for any person to -mix garbage with
rubbish and trash, waste, refuse, or night soil, but each must be
deposited in its respective container.
In the case of wastes and refuse, as defined in Subdivision
(c) of Section 1 of this Article, a delay of 48 hours is permitted for
the disposal. thereof as hereinafter provided.
Section 3. Unlawful Receptacles, Duty of Owners and
Occupants of Premises.
It shall be unlawful for any person, the owner or occupant of
any dwelling, building, or, other premises in the City of Beaumont, to
deposit garbage, trash, rubbish, refuse, waste or night soil in any
receptacles other than as hereinabove defined and provided for; and it
shall be the duty of -all such persons to provide such receptacles for
their respective premises, and keep the same in a convenient place near
the street curb abutting their respective -properties and -near the curb
thereof, so as to be easily accessible to the employees of the Depart-
ment of Garbage and Refuse Disposal.
It shall further be unlawful for any such persons to permit
any of said receptacles to deteriorate or become so damaged and out of
repair as to allow the contents thereof to leak or fall out., and be
scattered around in and upon the adjoining premises, streets, sidewalks,
alleys or other public highways; and it shall be the duty of employees
of the Department to notify the Superintendent of the use by any person
of any receptacle which does not comply with the provisions of this
ordinance, or which is unserviceable or out of repair by reason of
deterioration, damage or other cause.
All such deteriorated, damaged or out of repair receptacles
or any receptacle used for receiving and disposing of garbage, trash,
or other refuse, which are in such condition, or so constructed as to
allow the contents thereof to escape upon any premises or the sidewalks,
streets and other highways of the City of Beaumont, are hereby d--clared
to be, and are denounced as public nuisances, and as such shall be
summarily taken up and destroyed by an employee of the Department on
orders from the Superintendent, upon the failure of the owner thereof
,
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to comply with the provisions of this ordinance within twenty-four
(24) hours after due written notice has been given said owner so to do
by Superintendent of the Department or Director of Sanitation.
Section 4. Removal of Carrion and Carcasses.
It shall be unlawful for any person to deposit _or cause to be
deposited or permit to remain upon any premises ovivned or occupied by
him., or on premises adjacent thereto, or in or upon any of the streets,
sidewalks, alleys, or other public highways or places in the City of
Beaumont, the carcass of parts thereof of any dead animal or fowl
o4-med by him or :under his control, but all such carcasses or parts
thereof, exceeding the permissible weight for depositing in garbage
receptacles shall be removed by such person to the municipal Garbage
and Refuse Dump, or otherwise disposed of as may be directed by the
Superintendent of the Department of Garbage and Refuse Disposal, or
the same may be removed by -said Department at the cost of said person.
If the owner -of such dead animal or fowl, be unknown, or the owner re-
fuses or fails to remove the same, the Department shall, nevertheless,
remove any such carcass or parts thereof and the City of Beaumont
shall have the right to collect the cost of such service from the
ot,mer, if known, by suit.
Section 5. Animal Excrement, failure to remove.
It shall be unlawful for any person, the owner or keeper of
any animal or animals kept in any stable, pen, lot or other enclosure
within the limits of the City of Beaumont or its municipal jurisdiction
to permit the deposit and accumulation of any manure or other animal
excrement upon any such premises, or premises adjacent thereto, or
any public highway abutting said premises provided, however, that
where such animal excrement is used as fertilizer upon said premises,.
it may be deposited in a watertight and fly proof bin or other con-
tainer of a capacity not exceeding fifty gallons and for a period not
exceeding five days, and any of same not used for fertilizer must be
immediately removed to the Municipal Garbage and Refuse Dump or other-
wise disposed of as may be directed or permitted by the Superintendent
of. the Department.
In the .event of violation of the provisions of this Section
and/or failure, neglect or refusal of any person to remove and dis-
pose of such animal excrement as directed, the Superintendent shall -
cause the same to be removed and collect the cost of such service from
the owner of the animals or occupant of the premises.
Section 6_ Unlawful to Remove Garbage and Refuse without
permit.
It shall be unlawful for any person other_ than the employees
of the Department of Garbage and Refuse Disposal, to remove any gar-
bage, trash, rubbish, waste, refuse or night soil from any premises
in the City of Beaumont, or to remove and deposit, or cause to or
permit to be removed and deposited the same in any place or locality
other than the municipal Garbage and Refuse Dump as herein established,
except as hereinafter permitted.
Section 7. Application for Permit.
It shall be unlawful for any person., -the owner Qf any gar-
bage, refuse, waste, trash, rubbish and night soil within the City of
Beaumont to remove or have the same removed from his premises, or
make any other disposition thereof, by contract or otherwise, or have
any person to -remove the same from any premises within the corporate
limits of the City of Beaumont which are being used, or partly used,
,for mercantile, commercial, manufacturing or other business enterprises
without first having filed written application for a pe -mit so to do
with the Superintendent of the Department of Garbage and Refuse Dis-
posal of the City of Beaumont which application shall set forth the
following:
#76
a) Name and address of �applicant; b) Character and approximate daily quantity of garbage,
refuse, waste, etc.
(c) Location of premises from and to which garbage and refuse,
waste, etc., is to be removed, other than the Municipal Garbage and
Refuse Dump and what final disposition is to be made thereof.
(di Iuethod and manner of removal, including kind and equip-
ment of conveyance to be used for removal.
(e) If removal is to be done under agreement or contract,
state terms briefly with name and address of party with whom contract
or agreement is to be made.
Section 8. Issuance of Permit.
Upon the filing of such application, the Superintendent of
the Department or -the Director of Sanitation, shall make or -cause to
be made, due investigation and inspection of the premises to which
said garbage, refuse, etc. , is to be removed and disposed of, if with-
in the municipal jurisdiction of the City of Beaumont, and of the con-
veyance and receptacles in which it is to be carried and if the pro-
visions of this ordinance have been complied with, and the proposed
removal and disposition of such garbage and refuse will not violate
any of said provisions, or create or be likely to create a public
nuisance, in the neighborhood, the permit applied for shall be granted,
otherwise, same shall be refused.
Section 9. Fees, License Plate, Payment of Taxes.
(a) License Plates. At the time of issuance of permit,
flnere shall also be issued to the applicant a license plate bearing
the legend t'Sanitary Conveyance', the year of issuance and number of
permit, which plate shall be affixed in a conspicuous place on all
conveyances for. which permits are issued. -
(b) Life of Permits. All permits and licenses shall be.'
issued for annual periods only, expiring on December 31st, of each and
every year, providing that permits and licenses may be issued for
fractional parts of any year during which application is filed.
(c) Fees for Permits. Fees for permits, including license
plates. and inspection charges, for all trucks or. other conveyances
operated for the purpose of collecting garbage, rubbish, t^,Taste, trash,
and refuse, privately owned shall be the sum. of $3.00 per year.
(d) Payment of Permit Fees. Fees for permits shall be pay-
able at the time of granting- an issuance of permit, and thereafter
all fees shall be payable at any time between the 1st and 31st of
January of each year. Non-payment of permit fees l;,ithin the time
herein set forth shall operate an iramediate, r!zvoca.tion of permit
issued.
(e) Payment of Taxes. No permit or license plate shall ever
be issued to any applicant unless all taxes due on the vehicle covered
by permit and license have been paid to the Tax Collector of the City
of Beaumont, and until the applicant shall exhibit to the Superintend-
ent of the Department of Garbage and Refuse Disposal, or Director of.
Sanitation tax receipt evidencing payment thereof.
Section 10. Conveyances, Equipment.
It shall be unlawful for any person to remove, or cause or
permit to be removed, and no permit shall beissued or license granted
for the removal of, any garbage; trash, refuse, waste, rubbish or
night soil from any premises in the City of Beaumont and within its
jurisdiction, unless the same be removed in conveyances equipped in
accordance with the following sp eci fi cations a
7r .
(a) Garbage and Night Soil. This character of refuse must
be placed in watertight and fly proof receptacles, to be carried on
conveyance, with close fitting covers to prevent the escape of con-
tents and offensive odors therefrom.
(b) Rubbish, Trash, Vlaste. This class of refuse may be
placed in containers and so carried or on bed of conveyance, provided
such conveyance is equipped with proper covering as hereinafter pro-
vided; but if not carried in containers with covers, such refuse must
be so bundled and tied up or otherwise arranged so as to prevent its
oscape from such conveyance.
(c) Conveyances. All smaitary conveyances of every char-
acter must be equipped with sides and tailboards so that the bed
thereof, when tailboard is up, shall be completely rnclosed, standing
not less than 21 feet above bed of conveyance, and shall be equipped
with permanent solid cover or an adjustable cover of substantial,
durable material, which must be of such dimensions as to completely
cover the bed or body of conveyance and extend down the sides in
such manner as to prevent any of the refuse being carried from, es-
caping, blown out, or otherwise falling out and being distributed
along public highways.
All containers., receptacles and conveyances used for the
disposition, removal and hauling of garbage, night soil, trash and
other wastes and refuse shall be cleaned thoroughly after being
emptied or unlo.aded, and must not be carried or driven through the
streets of the city emitting offensive odors.
All license plates shall be affixed in a permanent manner
in a conspicuous place on. outside of conveyance, preferably near
c?rivor' s seat.
(d) Exceptions. If the trash, refuse or other waste matter
consists solely of bulky material, or such waste substance as cannot
be readily blown out or fall out of conveyance, the conveyance may be
used without being covered, as herein required. This exception shall
also apply where the refuse or night soil is carried in containers
vrith close fitting tops so fastened that they cannot slip off.
Section 11. Revocation of Permit, Appeal.
The permit herein authorized to be issued may be revoked-
by
evoked-by the Director of Sanitation or SuperAntendent of the Garbage and
Refuse Disposal Department at any time for the violation of and/or
non-compliance with any of the provisions of this ordinance or the
conditions ,under which it was issued, -and immediately upon such revo-
cation, the license plate.'issued thereunder shall be surrendered to
the Department through any of its duly authori zed representatives,
provided, however, that any person feeling aggreived by such revoca-
tion shall have the right to appeal to the City Commission for redress
and such appeal shall be made either by personal appearance before
the Commission on the part of the aggrieved party, or by written
communication addressed to it setting forth the cause of complaint.
After due hearing and investigation, the action of the City
Commission thereon shall be final.
Section 12. Refusing Entry for Inspection -- To Remove
Refuse in Compliance with Notice,
It shall be unlawful for any person, the o4mer or occupant
of any premises of -whatever character within the municipal jurisdic-
tion of the City of Beaumont, to refuse entry thereto for purposes
of inspection by the Superintendent of the Garbage and Refuse Disposal
Department, or his duly authorized deputy, or in any manner to obstruct
#9.
hinder and/or interfere with them or _,ither of thea in the discharge
of their duties hereunder, and to refuse,_ fail or neglect to clean up
any premises and have removed therefrom any accumulation of garbage,
trash, rubbish, waste -s, refuse and night soil within the time stated
in written notice so to do given any such person by said Superintendent
or his duly authorized deputy.
Section 15. Repealing and Unconstitutionality Clause.
Should any section of this ordinance, or part thereof, for
any reason be held to be invalid, such holding shall not affect the
validity of other sections or parts thereof, and all such valid por-
tions shall remain in full force and effect.
It is hereby declared to be the intention of the City Commis-
sion of the City of Beaumont, in adopting this Ordinance, to repeal
all Articles of the Revised Code of Ordinances of the City of Beaumont
of 1911, and all Ordinances and/or parts of ordinances adopted since
the year 1911 which, in any manner, conflict herewith, and all of said
Articles, Ordinances as well as parts thereof are hereby repealed and
abrogated as fully and to the same extent as if herein set out in full.
Section 16. Penalty.
Any person failing and/or refusing to comply with the pro-
visions of this Ordinance, or violating the same, shall be deemed
guilty of a. misdemeanor, and upon conviction thereof, shall be fined
'.n any sum not less .than $10.00 nor more than $100.00, and each day's
pion -compliance therewith or violation thereof shall be deemed and
,:cnstitute a. separate offense.
Passed by the affirmative vote of all members of the City
rormiission this the 2nd day of October, A.D. 1934.
MAYOR. _