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HomeMy WebLinkAboutORD 17-DDAN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF BEATJMONT, TE_XAa, BY REPEALING CHAPTER 15 AND ENACT- ING IN LIEU THEREOF A NEW CHAPTER 15 REGULATING THE DISPOSAL OF GARBAGE, TRASH, WASTE, REFUSE AND NIGHT SOIL AND OTHER FILTHY SUBSTANCES WITHIN THE CITY OF BEAUTMONT; DEFINING TEE 4S; REQUIRING ALL OVINERS AND OC- CUPANTS TO PROVIDE GARBAGE CONTAINERS; .REGULATING THE KIND AND SIZE OF SUCH CONTAINERS; REGULATING THE RIND 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 DEPARTINIEN`1' OF GARBAGE AND WASTE COLLECTION AND 4iIXING RATES TO BE CHARGED FOR SUCH SERVICE; PROVIDING FOR THE COLLECTION OF SUCH CHARGES; REQUIRING A PERMIT FOR TRANSPORTING GAR:3AGE, TRASH, WASTE, REFUSE, OR .NIGHT SOIL ON PUBLIC STREETS; SPECIFYING CONDITIONS UNDER WHICH SUCH PERMITS SMALL BE GRANTED AND PROVIDING THE FEE THEREFOR; RE'uU.- LATING ENTRANCE TO THE CITY DUMP; REQUIRING PERMITS FOR SUCH ENTRANCE AND PROVIDING THE FEE THEREFOR:; SP.ECIFY- .ING DUTIES OF..THE SUPERINTENDENT OF THE. GARBAGE AND. WASTE COLLECTION AS TO ENFORCEMENT OF THIS CHAPTER; PROVIDING A PENALTY; PROVIDING FOR SEVER4BI1ITY; AND REPEA_LIidG 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CITY OF BEAUMONT, TEXAS: I. That Chapter 15 of -the Code of Ordinances of Beaumont, Texas, be, and the same is hereby, -repealed, and in lieu thereof, the follow- ing is enacted, to v$it ttChapter 15. ttGarbage and Trash. ttSection 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 "garbage" shall be held to mean all ahimal and vegetable matter, such as waste material 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 tttrashst shall mean rubbish, such as feathers, ashes, tin cans, paper, rags, boxes, glass, grass, ,yard cleanings, grass clippings, leaves and tree r trimmings. a �isd �,• i7 •� '� E,• �"'f (c) Waste or refuse. The term ttwastett or ttr efuse'i, 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 establishments, such as old machinery, parts of automobiles, scrap iron of all kinds, and any other substance or material which has been dis- carded or is the waste produo-t of any manufacturing or other establishment, or results from the demolition of any structure or building, and including furtlier, any other objects, 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 't.-aight soiltt, as herein used, shall mean and include the accumulation of human exere- meat, tt,Section l'--2, Depositing garbage, trash, etc., on streets, vacant lots, etc. It shall be unlawful for any person to sweep, throw or deposit 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, d itch, 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 occupy 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 occu- pied by such -person. ItSection 15--3. Duty of owner or occupant to provide garbage contain- ers and requirements as�to such containers. Every owner or occupant using or occupying any building, house, or structure within the corporate limits of the city, for -2- residence, church, school:, Todge-,;' commercial,' business,-,,, or other pur" poses, ::'shall provide "arid "maintain garbage :containers `of ' sufficient number and size to'hold the garbage -that will normally accumulate on the premises. Such contai.ners.. sha-11 be of not less than ten' nor more ..`than thirty gallon capacity, constructed.of plastic..or metal, with a tight -fitting lid -or cover and with handles sufficiently strong"for workmen to empty conveniently. "Every such -owner or.occupant shall .place all garbage which -has accumulated onhis premises.in such..con»- tainer. ttSection .1.5" . Requirements -as to placing -of -trash by- owners or occu- pants.- Every -owner .or .occupant described in.,Section 15•-3 shall place all trash which has accumulated -on his premises.in the' -garbage :con- tainer required in Section'15.-3 or in a trash receptacle maintained I' for such Trash receptacles shall be -constructed of plastic, purpose-. metal-, wood,- or :other 'substantial _material and with,a tight, -fitting. lid or cover. In" the- event._ trash, is of 'such -a nature that it cannot be placed in the -container or receptacle, -it shall be.carefully plated in bundles under fifty pounds each'so it can be removed conveniently. .such bundles shall be boundso as to -prevent the -contents from falling out or blowing out upon the"streets. Tree lirribs:, trunks; Arid hedge cuttings -.shall not exceed five feet in length. "Section 15-5. Lids or covers 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 fastened 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 br. recepta- cles are being filled or emptied, as the case may be. !tSection 15-6. Placing -garbage containers and trash receptacles and bundles, for collection. Ever owner.or occupant described. ,in Setion.l$-3 shall -place y garbage containers,_ trash receptacles and.trash bundles for collection -3- t in a convenient place adjacent to the street abutting their respective premises or at such other place designated by the Department of Gar- bage and Waste Collection so as to be easily accessible to the employ- ees of the department. ItSection 155-7. Deteriorated containers and receptacles. Garbage containers and trash receptacles which have deteriorated or become so damaged as to allow the contents thepeof to leak or fall out or to the extent of having jagged or sharp edges capable -of caus- ing injury to garbage col.lecto:Ns, 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 destroyed by employees of the Depart - went of Garbage and. Waste .Collection upon failure of .the user to re- place such receptacles after written notice of such defective con- tainer or receptacle is given to such user by the Department of Garbage and Waste Collection. 4SSection 15 8. Charges for collection and removal - residential rem.» ises. The Department.of Garbage and Waste Collection shall systemati- cally collect and remove garbage and trash from premises used for resi- dential 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: (1) For a single family residence, $1.25; (2) For a duplex apartment building, $1.25 per unit; (3) For a garage apartment unit, $1.25; (4) Group housing (three or more houses on the same water meter, or multiple family apartment buildings with three or more units: (a) Where all containers are centrally located the charge for each house, unit or apartment shall be $1.00; (b) Where all containers are not centrally located the charge'for each house., unit.'or apartment. shall be- $1.25'. "Section 15-9• Same - Public, business and commercial buildings and premises. After study, survey and investigation, it -.has-been determined 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 reasonable class. ifications, and fair and reasonable rates and 'charges to be paid by the various public; business and commercial institutions within ;.the City of Beaumont for'thc.collection and removal of trash and garbage'. The rates set out in the f-.olloivi.ng schedule' a.re monthly charges for. such service. Group "A" Auto supply stores; bakeries; beer taverns; bottling plants; cafeterias; candy stores; cigar stores; clinics; creameries;"drive-in cafes; drug stores and pharmacies; drygoods and department stores; grocery -stores; hospitals.,,hotels; ice cream parlors; meat and fish markets; motels; newsstands.; novelty stores; pawn shops;: poultry houses; printing firms; restaurants; rooming houses; slaughter and meat packing houses; sporting goods stores; variety stores; veterinary hospitals; and any like or similar business not specifically listed in this group, or .Group "Brt 'tctr, and ttDtt . Square feet of business 3 or less. pickups 4 or more pickups activity per week per week 0- -2,500 $5.00 $8.00 2,5015,000 8.Oo 10.00 5, 001!_10, 000 10.00 15.00 101001.-25,000 15.00 35.00 Over 25,000 35.00 50.00 Group ttBtt Banks; Bowling alleys; business and professional offices; bus terminals; :leaning establishments; electrical supply houses, engraving 1 7 . ..r ., t> L 6 and reproduction companies; feed stores; florists; furniture stores; garages; graineries; laboratories; laundries; machine and repair shops; manufacturers of every type; new and used car dealers; office build- ings; office supijly 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 Group rrA'r ., rrCrr , and "DIt Square feet of business activity 0- 2,500 2,501- 5,000 5,001-10.,000 10, 001-.25, 000 Over 25,000 3 or -less pickups per week $4.00 6.00 M 12.00 25.00 4 or more pickups per week $6.00 8.00 12.00 25.00 35.00 Group "Crr Artj.Arama; music; dance and reducing studios; antique shops; barber shops; beauty shops; building material and lumber yards; chiro- practors; commercial amusement parks; frozen food storage and packag- ing plants; furniture repair and upholstering shops; jewelers; lodges and fraternal organizations; optometrists; photographers studios; shoe repair and leather shops; washeterias; welding shops; and any like or similar business not specifically listed in this group or Group "A", rtgrr or rr�sr Square feet of business activity 0-• 2,500 2,5016- 5,000 5,001-105000 10, 001-25, 000 Over 25,000 3 or less pickups Der week $3.00 5.00 7.00 10.00 20.00 4 or more pickups per week $5.00 7.00 10.00 20.00 30.00 Gro:ap rr�rr , Churches; colleges; mortuaries; nurseries; parking lots; real estate, loan, or abstract offices; schools; travel bureaus; and any -6- like -or similar business not specificall'y.-listed in this group or Groups tIAII., "B'Ii j. or, ttcM Square feet of business 3 or less pickups ¢ or. more pickups activity per week per week -0. 2; 500 $2:00 .$¢.00 25501'- 5, 000 4,:00 : 6'. 00 .:5,001:-10,000 6.00 _8.00 10500j-25,000. 8.00 Over 25,000 10.00 15.00 where the garbage".and trash which accumulates on the'. premises of an establishment, listed .in the schedule above, generally exceeds one garbage truck load per da-y, the monthly rate charged such establishes ment'shall be the applicable rate 'listed in the' -`schedule multiplied by the number.of garbage truck loads -per day required to'remove the -gar" bage and trash from such establishment. -� In the.event any public; business,o,: commercial institution in The City of`Beauniont shall, in the same.building; premise or area,.-en�. gage in activities listed in more than.one of the group; set forth in the schedule above,'the primary activity of said institution shall prevail ' in the determi.-natiLb.n of the classifi cation and rates to. be chargedsuch institution, "Section 15-10: Collection of charges.: -The chargesfixed herein for the re.moval' and disposal of all garbage and trash shall be entered'by the' city against they_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'"of Beaumonf� 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 from the date of the,bill'shall have hisgarbage service.suspended and the superintendent of°the Department of Garbage and_Waste Collection shall be notified immediately_. for appropriate a'rtion in accordance with the -7- rr 1c7Z� 4 1� provisions of this chapter. ''tSection IS.-11. Removal of heavy accumulations. Collection of heavy accumulations such as brick, broken con- crete, lumber, dirt, plaster; sand, gravel, automobile frames, trees, and other bulky or heavy materials shall not be included in the regu- lar collection services furnished by the Department of Garbage and Waste Collection. The owner shall have such debris removed at his own expense. USection 15-12. Disposal of night soil. It shall be unlawful for any person to deposit. night soil in any receptable other than a container that is thoroughly watertight, 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 Department of Garbage and Waste Collection. "Section 15-13. Removal of animal excrement. It shall be unlawful for any person, who is the owner or keeper of any animal to permit the accumulation of manure or excrement of such_ animal upon any premises or any public highway; provided, 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 exceed- ing, five (S) days, and any of such animal excrement not used for fertil- izer must be immediately removed and disposed of. The removal of such excrement shall not be included in the regular collection services furnished by the Department of .Garbage. and`-W-aste= Collection. ItSection 15-14. Permit for private .collection and disposal required. It shall be unlawful for any person, firm or corporation, ex- cept the duly authorized agents ov employees of the City of Beaumont, to convey 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 Garbage and Waste Collection. 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. ItSection ,15-15 . Same -- Application- information to be shown The application for a permit -required by Section 15-14 shall set forth: -(1) Name and address of the applicant; (2) Character and.approxi:niately.daily quantity of garbage), trash, waste:.; refuse or night' soil 'to �,be' transported. (3) Location of premises from which garbage; trash,. refuse, waste and night .soil is to be removed, and what final disposition -is to be made thereof. (4) Method and manner of removal, including kind and equip- ment of conveyance to be used for ,removal. "Section 15•-15, Same Requirements as to conveyances.. No permit for conveying.or transporting garbage; trash, waste, refuse, o.: night soil shall be granted unless the -conveyance used by the applicant is equipped in accordance with the following specifica-» . tions All conveyances of ev.ery,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 above i bed of conveyance -.,.and shall be equipped with perma- nent solid cover. -or an adjustable -.cover of substantial, durable material, which must be :of such dimensions as to completely cover the bed or b-ody of the -conveyance and extend down the sides in such manner as to prevent any of the refuse being carried from escaping, blowing L. out, orotherwise falling out and being distributed along public highways. Garbage and night soil must be placed in watertight and fly -proof .receptacles, to by carried on the con- veyance.., with.close-fitting covers to prevent the r ��'- '. r • J escape of contents, and offensive -odors therefrom. All containers, receptacles and conveyances'used.for the disposition.., removal and hauling of garbage., - night soJI, trash, waste, 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 atSection 15-17. Same -- Duration, taxes and fees. All permits shall be issued for annual periods only, expiring on the thirty first day of December of each `year,. providing that per- mits may be issued for fractional.parts of any year during which ap- plication is -filed., No permit shall ,be issued to any a'p.licant.- unless all taxes due on the vehicle covered by the permit have been paid to the City•,Tax Collector and until the applicant exhibits a tax receipt evidencing payment thereof. The permit fee for the first truck or conveyance to be used -by the applicant shall be fifteen ($1$.00) dol- lars per year; the permit fee for the second truck or conveyance to be used by the applicant shall be ten ($10...00) dollars peryear, and the permit .fee for each additional truck or conveyance to. be used by the applicant shall be five ($$..00) dollars"per year. ttSecti.ori 1$-18 . Same Issuance of l permit. Upon filing of the application described in.Section 15-15, the superintendent of -the department'of Garbage and Waste Collection shall grant such.permit if the following conditions have been complied with: (1) Provision has been made to lawfully dispose of the garbage:,.trash, waste, refuse, or night soil".outside of the city limits of Beaumont or within the.City Garbage Dump; (2) The,provisi.ons of this chapter have been complied with; (3) The proposed removal and disposition of such garbage, trash, waste, refuse; or night soil will not violate any of such provisions, or create a public nuisance. „10- irSectiion 1$.-19.' Same Revocation of permit; appeal. The permit herein authorized to be issued may be revoked by the superintendent of the department of Garbage and Waste Collection at any time for the violation of or noncompliance with any of -the pro- visions of this chapter or the conditions under which it was issued, and immediately upon such revocation, the permit issued thereunder shall be surrendered to the department through any of its duly author- ized representatives; provided, however, any person feeling aggrieved by.such revocation shallhave the right to.a ppeal to the City Council for redress, and such appeal shall be made, either bj personal.appear- ante before the Council :on the.part'of the aggrieved party; or by written communication addressed to it setting forth the cause of com- p1_a int.., �Isectiion 15""0. City Garbage D��n1p Entrance to the City Garbage Dump shall be limited to the fol- lowing: cl ', - (A)' City vehicles; s }� (B) Vehicles operated .by persons.:.presenting a "city, dumping permi_trr to the caretaker: Such-permit'shall be issued bythe Department of Garbage and Waste.Collection: A minimum fee of one ($1.00) dollar per month ;rill be charged to each person, firm or corporation using the city dump,which minimum fee will cover the disposal of four (4) cubic yards of garbage, trash," waste, or refuse. If any. person, firm, or corporation using the ,city dump shall dispose of a .quantity of garbage, trash, waste., or refuse therein, in excess of four (4) cubic yards per month, then they shall be charged for such excess quantity at the rate of twenty-five (250) cents per cubic yard. Failure to pay such charges or failure to comply with the rules and regulations established by thesuperintendent of the Department of Garbage and Waste Collection pertaining to the use of the dump shall because for revoking such. -permit., 1 it x" !S 1170. (C) Vehicles operated by persons holding a-tstemporary dumpy ing permit's.. Any person., firm., 'or _corporation currently paying the monthly garbage charge who.wishes,to haul to the city dump trash, :,caste) refuse, debris, or accumula- tions -of heavy and bulky materials which have accumulated on premises for which such charge is being paid, may,obr- tain such a tttemporary dumping' permit's from the depart- ment:of Garbage and Waste'Collection at no charge. Such permits shall terminate .after forty-eight (48) hours. It shall be unlawful for any person to remove trash, waste, or refuse, or any material from the city. dump without., :the written permis- Sion of 'the . superintendent of the _ department of Garbage and Waste. Col- lection. 'sSection 15.-21. Duty of the superintendent of the department of Gar- bage and Waste Collection as'to inspection and enforcement of this article. It shall -be the duty of the superintendent of the Department of Garbage and Waste Collection 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.is 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. 'tSection 15-.22. Penalty. Any person, firm, or corpo.ration.vi.olating or failing to comes ply 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 viola- tion or nonce -.compliance shall.constitute a separate .offense. II. That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of the sable to a particular set -12- J _dL .l61 ~ C4.1 b1 -of -persons or circumstances should, for any _reason,, beL_held invalid, suchinvalidity shall in nowise affect the- remaining portions of this ordinance, and to such end'the various provisions of this .chapter are declared to be s.everable'.. That, this •ordinance shall be cumulative of all provisions ;of all ordinances of the .City of Beaumont relating to the collection removal and disposal 'of garbage, tra'sh,;:,waste.,, refuse, night soil,' and other filthy substances'except.in those instances wherein.the provisions of this ordinance are in direct conflict with such -other ordinances, in which instances said -conflicting provisions of other'ordinances are hereby repealed. PASSED by the City Cbuncil,this 26th day 'of July,; A.D., 1960. Mayor �.