HomeMy WebLinkAboutORD 27-KA:,;IJ-
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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.
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