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HomeMy WebLinkAboutORD 47 HHORDINANCE N'0. f7 ENTITLED AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, BY REPEALING CHAPTER 15 AND ENACT- ING TN:,LIEU THEREOF A NEW CHAPTER 1$,.REGULATING THE DISPOSAL. OF GARBAGE, TRASH, WASTE, REFUSE AND NIGHT SOIL. AND OTHER FILTHY SUBSTANCES -WITHIN THE -CITY OF BEAUMONT; DEFINING TERMS; REQUIRING ALL OWNERS AND OC- -CUPANTS TO PROVIDE GARBAGE CONTAINERS; REGULATING THE KIND AND SIZE OF SUCH CONTAINERS; REGULATING THE KIND OF RECEPTACLES TO BE USED FOR TRASH; REGULATING THE PLACING OF GARBAGE AND TRASH FOR COLLECTION; PROVIDING .FOR THE REMOVAL,,OF GARBAGE AND TRASH BY THE DEPARTMENT OF SANITATION,.AND FIXING RATES TO BE CHARGED FOR SUCH SERVICE; PROVIDING FOR THE COLLECTION OF SUCH CHARGES; REQUIRING A PERMIT FOR TRANSPORTING GARBAGE, TRASH, WASTE, REFUSE, OR NIGHT SOIL ON PUBLIC STREETS; SPECI- FYING CONDITIONS UNDER WHICH SUCH PERMITS SHALL BE GRANTED AND PROVIDING THE FEE "THEREFOR; REGULATING EN -- TRANCE TO THE CITY DUMP; REQUIRING PERMITS FOR SUCH ENTRANCE AND PROVIDING THE FEE THEREFOR; SPECIFYING DUTIES OF THE SUPERINTENDENT OF THE SANITATION DEPART- MENT AS TO ENFORCEMENT OF THIS CHAPTER; PROVIDING A. PENALTY; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: - I. That Chapter 15 of the Code of Ordinances of Beaumont, Texas, be and the same is hereby repealed, and in lieu ;thereof the following is enacted, to wit: "Chapter 15. "Garbage and Trash "Section 15-1. Definitions "The following words, when used in this chapter, shall have the meanings respectively ascribed to them in this section: (a) Garbage. The term 4Tgarbage"' shall be -held to mean all animal and vegetable matter, such as waste materials and refuse from kitchens, residences, grocery stores, butcher shops, restaurants, cafes, drugstores, hotels, and.rooming and boarding houses, and other deleterious substances. (b) Trash. The term "trash" shall mean rubbish, such as feathers, ashes, tin cans, paper, rags, boxes, glass, grass, yard cleanings, grass clippings, leaves, and tree trimmings. (c) Waste or refuse.. The term "waste" or' "refuse"., as herein used, shall mean and include all trash, rubbish, waste, and refuse other than that defined in subsection (b) hereof, including bulky wastes or refuse discarded by mercantile and other estab- lishments, such as. old machinery, parts of automo- biles, 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 es- tablishment, or results from the demolition of any structure or building, and including further, any other objects, substances 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"tnight soil", as herein used, shall mean and include the accumulation of human excrement. "Section 15-2. Enforcement and inspection by superintendent of the sanitation department. "It shall be the duty of the superintendent of the sanitation department to make inspection trips at regular intervals to determine whether or not garbage, trash, waste, refuse and night: --soil are being properly collected, removed and disposed.of as required by the provisions of this chapter or any other applicable health laws. In the event -it is found that this chapter or any other applicable health laws are being violated, appropriate and timely action shall be taken to insure full compliance therewith. "Section 15-3. Depositing garbage trash etc., on streets, vacant lots, etc. "It shall be unlawful for any person to sweep, throw or de- posit any garbage, trash, night soil, waste or refuse, stagnant water, dead animals, or other filthy substances of any kind into, upon, or along any gutter, ditch, drain, sidewalk, street, alley, or vacant lot, or upon any public or private premises within the corporate limits of the city. It shall be unlawful for any person, the -owner or occupier of any dwelling building, or other premises, to accumulate,or permit to be accumulated and remain, any garbage, trash, night soil, waste or refuse or other filthy substances upon such premises owned or occupied by such person. "Section 15-4. Garbage containers required; specifications. "(a) 'Every owner -or occupant using or occupying any building, house, or structure within the corporate limits of the city, for residence, church, school, lodge, commercial, business, or other purposes, shall provide and maintain garbage containers of sufficient number and size to hold the garbage that will normally accumulate on the premises. (b) Such containers shall be not less than ten nor more than thirty gallon capacity, constructed of metal or plastic, with a tightfitting lid or cover that is not attached and with handles suffi- ciently strong for workmen:. to empty conveniently. The City in no way shall be responsible for damage to plastic containers. The top of such containers shall be larger in diameter than the bottom to prevent garbage from sticking to the sides. Every such owner or occupant shall place all garbage which has accumulated on his premises in such container. -2- -/V k1 1A ! "Section 15-5. Requirements for trash placement; container speci- fications. t1(a) Every owner or occupant described.in section 15-4 shall place all trash which has accumulated on his premises in the garbage container required in section 15-4 or in a trash receptacle maintain- ed for such purposes. (b) All leaves and grass placed for collection must be in a container or receptacle, as described in section 15--4-. .(c) In the event trash is of such a nature that it cannot be placed in the container or receptacle, it'shall be carefully placed in.bundles under fifty pounds (50.1bs.) each so it can be removed conveniently.. Such bundles -shall be bound so as to prevent the con- tents from falling out or blowing out upon the streets. (d) Tree limbs, trunks, and hedge cuttings shall not exceed five (51) feet in length nor six (61t) inches in diameter. trSection 15-6. Container lids to be secure and fastened. "The lids or covers of all garbage containers and trash recep- tacles shall at all times be kept secure and fastend so that flies and other insects may not have,access to the contents thereof. Such lids or covers shall only be removed while the containers or recep- tacles are being filled or emptied, as the case may be. "Section -1-5-7.. Placing garbage and trash containers adjacent to street for collection. "Every owner or -occupant described in section 15-4 shall,place garbage containers and trash receptacles for collection in a conven- ient place adjacent to the street abutting their respective premises or at.such other place designated by the sanitation department, so as to be easily accessible to employees of the department. "Section 15--8. Deteriorated containers and receptacles to be con- fiscated. "Garbage containers and trash receptacles which have deterio- rated or become so damaged as,to allow the contents thereof to leak or fall out or to the extent of'having jagged or sharp edges capable or causing injury to garbage collectors, or to such an extent that - the. covers will not fit securely, are hereby declared to be public nuisances and shall be summarily taken up and destroye-d'by employees of the sanitation department upon.failure of the user to replace such receptacles after -written notice of such defective container or recep- tacle is given to such user by the sanitation department. "Section 15-9_ City garbage dump -- Entrance to. "Entrance'to the city garbage dump shall be limited to the following: (a) City vehicles. (b) Vehicles operated by persons hauling from within the city limits and presenting a city inspection permit as described in section 15-25 to the caretaker. Such permit shall be issued by the sanitation department. Garbage, brush, waste, refuse or any other material from outside the city limits shall not be accepted unless approved by the sanitation superintendent. The rates for this material will be set by the superintendent of the sanitation department. (c) Vehicles operated by persons holding a temporary dumping permit. Any person, firm, or corporation currently paying the city -monthly garbage charge who wishes to haul to the city dump trash, waste, refuse, debris, or accumulations of heavy and bulky materials which have accumulated on premises for which such charge is being paid, may obtain such a.temporary dumping permit from the sanitation department at no charge. Such permits shall terminate after forty-eight (48) hours. ttSection 15-10. Same -- Unauthorized removal of material from. ttIt shall be unlawful for any person to remove trash, waste, or refuse, or any material from the city dump without the written permission of the sanitation superintendent. '1Section 15--11. City Garbage Dump - Material not accepted. . "Entrance to and dumping of the following at the city gar- bage dump shall not be allowed: (a) .Junk automobiles. (b) Night soil. (c) Inflammable liquids. (d) Dangerous chemicals. (e) Insecticides. Sections 15-12 _- 15-.15. Reserved. II. rCollection and.Disposal 1tSection 15--16. Collection and removal by the sanitation depart- ment __ Charges for residential premises. 1tThe sanitation department shall systematically collect and remove garbage and trash from premises used for residential purposes. Fair and reasonable charges for such residential service shall be, and are shown in terms of dollars and cents for a calendar month as follows: (a) For a single family residence, $1.25; (b) For a duplex apartment building, $1.25 per-unit; (c) For a garage apartment unit, $1.25; (d) Group housing (three or more houses on the same water meter, or multiple family apartment buildings with three or more units): (1) Where all containers are centrally located the charge for each house, unit or apartment shall be $1.00; (2) Where all containers are not centrally located the charge for each house, unit or apartment shall be $1.25. "Section: -15-17. Same --- Charges for public, business and commer- cial premises. . "After study, survey and investigation, it has been deter- mined that the following classifications, rates, and charges, based upon the type of activity, square footage of business area, and number of garbage and trash collections per week, are fair and rea- sonable classifications, and fair and reasonable rates and.charges to be paid by the various public, business and commercial institu- tions within the city for the collection and removal of trash and garbage. The rates set, out in the following schedule or monthly charges for such service: (a) Group -- auto supply stores; bakeries; beer taverns; bottling plants, cafeterias, candy stores, cigar stores; clinics; creameries; drive-in cafes; drukstores and pharmacies; drygoods and department stores; grocery stores; hospitals; hotels; ice cream parlors; meat and fish markets; morels; newsstands; novelty stores;'pawn shops; poultry -houses; printing firms; restaurants; rooming houses; slaughter.and meat packing houses; sporting goods stores; variety stores; veternary hos- pitals; and any like or similar business not specifi- cally listed in this group, or Group B, C, and D. Square feet of siness 3 or less pickups 4 or more pickups activity per week per week 0-2,500 $ 5.00 $ 8.00 2,501-5,000 8.00 10.00 5,001-10,000 10.00 15.00 10,001-.25,000 15.00 35.00 Over 25,000 35.00 50.00. (b) Group B -- Banks; bowling alleys; business and pro- fessional offices; bus terminals; cleaning establish- ments; electrical supply houses; engraving and repro- duction companies; feed stores;'florists; furniture stores; garages; graineries; laboratories; laundries; machine and repair shops; manufacturers of every type; new and used car dealers; office buildings; office supply firms; oil supply firms; paint stores; plumbing shops and supply houses; service stations; shoe stores; theaters; warehouses; and any like or similar business not specifically listed in this group or groups a, C, and D: Square feet of business 3 or less pickups 4 or more pickups activity per -week per .week 0- 2,500 $ 4.00 $ 6..00 2.P501 5,000- 6 . o0 8.00 5,001-10,000 8.00 12.00 10,001-25,000 12.00 - 25.00 Over 25,000 25.00 35.00. (c) Group C -- art, drama, music, dance and reducing stu- dios; antique shops; barber shops; beauty shops; building material and lumber yards; chiropractors; -5- commercial amusement parks; frozen food stores and packaging plants, furniture repair and upholstering shops, jewelers; lodges and'fraternal organizations; optometrists; photographers,, studios; shoe.repai.r and leather optometrists --;, shops; and any like or similar business not specifically fisted in this group or groups A, B, or D: Square feet of business -3 or less pickups 4 or more,pickups activity per week per week 0-- 2,500 $ 3.00 $ 5.00 23501.; 5,000 5.00 7.0.0 5,001-10,000 7.00 10.00 10,001--25,000 10.00 20.00 Over 25,000 20.00 30.00. (d) Group D --- Churches; colleges; mortuaries;. nurseries; parking lots; real estate; loan or abstract offices; schools; travel bureaus; and any like or similar busi- ness not specifically listed in this group or groups A, B, or C: Square feet of business 3'or less pickups 4 or more pickups activity per week per week 0-. 2, 500 $ 2.00 $ 4.00 2,501-- 5,000 4.00 6.00 5,001--10,000 6.00 8.00 10,001-25,000 8.00 10.00 Over 25,000 10.00 15.00. "Section 15--18. Charges when accumulation exceeds one load per day. UWhere the garbage and trash which accumulates on the prem- ises of an establishinent, listed in the schedule above, generally exceeds one garbage truck load per.day, the monthly rate charged such establishment shall be the applicable rate listed in the sche- dule multiplied by the number of garbage truck loads per day re- quired to remove the garbage and trash from such establishment. r"Section 15--19. Charge when more than one public business or com- mercial activity is engaged in. In the event any public, business or commercial institution in the city shall, in the same building, premise or area, engage in activities listed in more than one of the groups set forth in the schedule above, the primary activity of said institution shall pre- vail in the determination of the classification and rates to be charged such institution. "Section 15--20. Sanitation container system. (a) Public, business and commercial institutions will re- ceive sanitation container system service for the removal of trash and garbage under.the rates and rules hereinafter set forth, as routes for such service are established by the city. Under the san- itation container"system service, the City of Beaumont will furnish a container or containers to be used in the collection and removal of trash and garbage. In lieu of charges provided in other schedules of this chapter, the following monthly charge per container, based upon container size and number of collections per week are the char- ges for such service: Container'Size Pickups Monthly Charge (In cubic yards) Per Week Per Container 2 2 $ 4.00 2 3 6.00 2 6 10.00. 3 2 7.50 3 3 10.50 3 6 15.00 4 2 8.00 4 3 12.00 4 6 25.00 6 2 17.00 6 3 25.00 6 6 35.00 8 2 25.00 8 3 35.00 8 6 50.00. (b) ,any institution which pays the rate set forth above for an eight (8) cubic yard container and has been furnished with same may, upon request, be furnished with additional six (6) or eight (8) cubic yard containers at the rate of $25.00 per month each, but con:- tainers must be side by side and serve .thesame business. The rate for additional containers will not apply to containers close together but serving different public, business or commercial institutions. (c) When the container smallest in size will adequately and completely serve several adjacent business institutions, then they may be required to use the same container and pay a pro --rata part of the charge, determined according to the approximate.quantity of space used. .(d) Lids and end doors of all containers shall be kept closed at all times except when the container is being filled. (e) It shall be unlawful for any person to disturb a sani- tation container furnished.by The City of Beaumont or the contents thereof. However, this subsection shall not apply to the owner or occupant of the premises for which .such container has been furnished, nor to -their employees, nor to the duly authorized employees of The City of Beaumont. (f) It' shall be unlawful to make a fire or burri.any material in a sanitation container furnished by The City of Beaumont or to paint or mark upon same or to place any poster, placard or sign upon same. ItSection 15-21. Collection of charges. "The charges fixed herein for the removal and disposal of all garbage and trash shall be entered by the city against the owner or occupant using or occupying any building or structure receiving such service. To avoid duplication in billing and as a convenience to the public, the water department of the city shall include such charges on the monthly water bills. Any person who shall fail or refuse to pay the charge herein specified within fifteen (15) days —7— from the date of the bill shall have his garbage service suspended and the superintendent of the department of sanitation shall be, notified immediately for appropriate action in accordance with the provisions of this chapter. ttSection 15-22. Owner's duty to remove -- Heavy or bulky accumu-- .lations. ttCollection of heavy accumulations such as brick, broken concrete, lumber, dirt, plaster, sand, gravel, automobile frames, trees, and other bulky or heavy materials shall not be included in the regular collection services furnished by the sanitation depart- ment. The owner shall have such debris removed at his own expense. "Section 15--23. Same -- Night soil. ttIt shall be unlawful for any person to deposit night soil in any receptacle other than a.container that is thoroughly water- tight, constructed of metal and of circular form. The disposal of such night soil shall not be included in the regular collection services furnished by the sanitation department.. "Section 15--24. Same ­- animal excrement.; accumulation regulated. !'It shall be unlawful for any person, who is the owner of keeper of any animal to permit the accumulation -of manure or excr.'e- .ment of such animal upon any premises or any public highway; pro- vided, however,.where such animal excrement is used as fertilizer upon any premises, it may be deposited in a watertight and fly -proof bin or other container of a capacity not exceeding fifty (50) gallons and for a period not exceeding five (5) days, and any of such animal excrement not.used for fertilizer must be immediately removed and disposed of. The removal of such excrement shall not be included in the regular, collection services furnished by the sanitation depart- ment. "Section 15-25. Inspectionpermit for private collection, hauling .or disposal --- Required. ttIt shall be unlawful for any person, firm or corporation, except.the duly authorized agents or employees of the city, to con- vey or transport garbage, trash, waste, refuse, or night soil on the streets, alleys; or public thoroughfares of the city without a written permit granted and issued by the department of sanitation. However, this provision `shall not be held to apply to an individual person conveying trash, waste, or refuse which has accumulated on premises owned or occupied by him. ttSection 15-26. Same ---' Application; information to be shown. ttThe application for a permit required by Section 15-24 shall set forth: (a) Name and address of the applicant; (b) Character and approximately daily quantity of garbage, trash, waste, refuse or night soil to be transported. (c) Location of.premises from which garbage, trash, ref- use, waste and night soil is to be removed, and what final disposition is to be made thereof. ,��1�w1Ff4�tI (d) Method and manner of removal, including kind and equipment 'of conveyance to be used •for removal. "Section 1,5-27. Same --- Requirements as to conveyances. "No permit for conveying or transporting garbage, trash, waste, refuse, or night soil.shall be granted unless the convey- ance used by the applicant is equipped in accordance with the following specifications: . (a) All 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 two and one-half -feet (221) above bed.of conveyance, and shall be equipped with permanent solid cover or adjustable cover of substan- tial, durable material, which must be of such dimen-- sions as to completely cover the bed or body of the conveyance and extend down the sides in such manner as to prevent any of the refuse being carried from, escaping, blowing out, or otherwise falling.out and being distributed along public highways. Any excep- tions to this because of unusual circumstances must be approved by the sanitation department. (b) Garbage and night soil must be placed in watertight and fly -proof receptacles, to be :carried on the con- veyance, with close -fitting covers to prevent the escape of contents and offensive odors therefrom. (c) All containers, receptacles and conveyances used for the disposition, removal and hauling of garbage, night soil, trash, waste, and refuse shall be cleaned thor- oughly after being emptied or unloaded, and must not be carried or driven through the streets of the city emitting offensive odors. rrSection 15--28. Same ---r Duration, taxes and fees. "All permits shall be issued for annual periods only, ex- piring on the thirty-first (31st) day of'December of each year, t providing that permits may be issued for fractional parts of any year during which application is filed. The inspection permit fee for each truck or conveyance to be used by the applicant shall be thirty-five dollars ($35.00) per year; however, if applicant has more than one truck., but only one truck will be used in a twenty-- four hour period for dumping at the city garbage dump, then only one permit is necessary. rrSection 1$-29. Same Condition for issuance of permit. "Upon filing of the application described in section 1$--26, the superintendent of the sanitation department shall grant such permit if the following conditions have been complied with: (a) Provision has been made to lawfully dispose of the garbage, trash, waste, refuse, or night soil outside of the city limits of Beaumont or -within the city garbage dump;. (b) The provisions of -this chapter have been complied with; _9" (c) The proposed removal and disposition of such garbage, trash, waste, refuse, or night soil,will nbt violate any of such provisions, or create a public nuisance. (d) The vehicle for conveyance has been inspected -and ap- proved by the sanitation department. frSection 15--30. Same Revocation of permit; appeal. 41The permit herein authorized to be issued may be revoked by the superintendent of the sanitation department at any time for the violation of or noncompliance with any of the provisions of this chapter or the conditions iander'which it was issued, and imme- diately upon such revocation, the permit issued thereunder shall be surrendered to the sanitation department through any of its duly authorized representatives; provided, however, any person feeling aggrieved by such revocation.shall have the right to appeal to the city council for redress, and such appeal .shall be made either by personal appearance before the council on the part of the aggrieved party or by written communication addressed to it setting forth the cause of complaint." Any person, firm, or corporation violating or failing to comply with any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum not to exceed two hundred ($200.00) dollars. Each day of violation or non. -compliance shall constitute a separate of- fense. f- fense. . IV. If any section, subsection, sentence, clause, or phrase of this ordinance, or the application of the same to a particular set of persons or circumstances should, for any reason, be held invalid, such invalidity shall in no wise affect the remaining portions of this ordinance, and to such end the various provisions of this chap- ter, are declared to be severable. Lim This ordinance shall be cumulative of all provisions of all ordinances of The City of Beaumont relating to the collection, re- moval and disposal of garbage, trash, waste, refuse, night soil, and other filthy substances, except in those instances wherein the pro- visions of this ordinance are in direct conflict with such other or- dinances, in which instance said conflicting provisions of other ordinances are hereby repealed. S" u I I ct �71 CD Ct. 0 ct- ri) I su Kz: