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HomeMy WebLinkAbout43 02-24-1956ORDINANCE NO. 43 AN ORDINANCE TO BE KNOWN AS THE GARBAGE DISPOSAL ORDINANCE OF THE CITY OF EULESS, TEXAS; DEFINING THE VARIOUS KINDS OF GARBAGE, TRASH AND RUBBISH; REGULATING THE KINDS AND SIZE OF RECEPTACLES IN WHICH TO PLACE SAME, THE MANNER OF ITS PREPARAT I ON AND WHERE IT MUST BE PLACED TO BE COLLECTED BY THE CITY GARBAGE FACILITIES; PROVIDING REGULATIONS FOR COLLECTING SAME AND PROHIBITING THE PLACING OF GARBAGE OR ANY ARTICLE OR MATERIAL IN THE STREETS AND ALLEYS OF THE CITY OF EULESS, TEXAS; PROVIDING FQR SERVICE CHARGES; PROHIBITING THE MEDDLING, SCATTERING C0NTENTS, PILFERING OR JUNKING, WITH GARBAGE CANS, TRASH OR RUBBISH WITHIN THE LIMITS OF SAID CITY; PROHIBITING THE COLLECTION OF GARBAGE, TRASH OR RUBBISH WITHIN THE CITY LIMITS BY OTHER THAN THOSE DULY LICENSED FOR SUCH PURPOSE BY THE CITY COUNCIL; PROVIDING FOR THE FORM OF APPLICATION TO BE FILED WITH THE CITY COUNCIL TO SECURE SUCH PERMIT; PRESCRIBING A PENALTY THAT ANY PERSON, FIRM OR CORPORATION VIOLATING ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR, AND UPON CONVICTION THEREOF, SHALL BE FINED A SUM NOT LESS THAN TEN DOLLARS ($10.00) NOR GREATER THAN TWO HUNDRED DOLLARS ($200.00); EACH DAY THAT SUCH VIOLATION, CONTINUES SHALL CONSTITUTE A SEPARATE AND DISTINCT OFFENSE; FURTHER PROVIDING IN CASE OF WILLFUL VIOLATION HEREOF THE VIOLATION OF THE TE214S OF THIS ORDINANCE AS A MISDE41EANOR SHIALL NOT PRECLUDE THE CITY OF EULESS, TEXAS FR02i IJIVOKING THE CIVIL REMEDIES GIVEN IT BY TrIE LAWS OF THE STATE OF TEXAS BUT SAM SHALL BE CT IUL ATIVE AND SUB ECT TO PROSECUTION AS HERINABOVE PRESCRIBED FOR SUCH VIOLATIONS; FURTHER PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND FOR AN EFFECTIVE DATE THAT SUCH ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER THE DATE OF ITS ADOPTION AND PUBLICATION AS BY LAW PROVIDED. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS; I. THIS ordinance shall be knoaTn as the GARBAGE DISPOSAL ORDINANCE of the City of Euless Texas. The word "premises" as used in this ordinance shall to taken to mean business houses, boarding houses, offices, theaters, hotels, restaurants, cafes, eating houses, tourist and trailer camps, apartments, sanitariums, clinics, rooming houses, schools, industrial plants, private residences, vacant lots and all other places within the limits of the City of Euless, Texas, where garbage, trash or rubbish accumulates In ordinary quantities. The various kinds of garbage shall be defined as follows: (a) By the term KITCHEN GARBAGE as used in this ordinance is meant, dry kitchen refuse, all meat, vegetable and fruit refuse, small dead animals and fowls. (b) By the term DRY KITCHEN REFUSE is meant the solids after the liquid or slop has been drained offs (c) By the term TRASH as used in this ordinance is meant paper of all kinds, rags, old clothIng, paper containers, old rubber, pieces of wood, boxes, barrels, crates, feathers, weeds and grass. (d) By the term RUBBISH as used in this ordinance is meant tin cans, bottles, glass, scraps of iron, tin, wire, or any other metals. II. IT shall be the duty of every person, firm or corporation owning, managing, operating, leasing or renting any premises, or any place where kitchen garbage accumulates, to provide a portable ,_garbage can constructed of galvanized iron, tin or other suitable metal, with two handles and a tight fitting cover of a capacity not less than ten (10) gallons, nor over thirty (30) gallons and the daily accumulation of kitchen arbage and "dry kitchen refuse's shall be placed in said garbage can. It sh7�.1 also be the duty of every person, firm or corporation o ing, managing, operating, leasing or renting any premises to place all trash and rubbish from said premises in boxes, sacks, or barrels or other receptacles of reasonable size, provided the gross weight does not exceed 100 pounds. Garbage cans, boxes, sacks or barrels of trash and rubbish she-11 be placed inside the property line at the edge of the alley, where there is no fence; where there is a back fence with alley gate, garbage cans, boxes, sacks, or barrels of trash and rubbish shall be placed against inside of fence at side of alley gate; if there is no alley gate, there shall be built a platform against inside of fence below top of fence so that garbage collecting vehicles can drive close to the fence and lift the garbage, trash and rubbish over the fence; and where there is no allay, kitchen garbage and refuse, trash and rubbish shall be at a convenient place Inside the curb line of the street, to be collected by the duly licensed garbage vehicles. III. THE places of wholesale accumulations, such as killing and dressing plants for fowl, wholesale fruit and vegetable houses, retail stores, filling stations and garages, restaurants and cafes, tourist and trailer camps, and all other places where the daily accumulation of kitchen garbage and trash and rubbish is more than the ordinary quan- tities incident to single family dwelling houses, are not to be included In the residential service as herein provided for and such places are required to remove same from the City at their own expense, in -2- the manner and by the method directed by the official designated by the City in charge of garbage disposal. IV. HEAVY dead animals, such as cows, horses and mules shall be removed from the City at the expense of the owner or person having same in charge in the manner, time and by the method directed by the official designated by .the City in charge of garbage disposal. V. HEAVY accumulations such as brick, broken concrete, lumber, ashes, clinkers, dirt and plaster, sand or gravel, automobile frames, dead trees and other bulky, heavy material shall be disposed of at the expense of owner or person controlling same under the direction of the official designated by the City in charge of garbage disposal. VI. MANURE from cowlots, horse stables, poultry yards, pigeon lofts, and waste oils from garages or filling stations shall be disposed of at the expense of the party responsible for same under the direction of the official designated by the City in charge of garbage disposal. VII. NO collection of kitchen garbage and refuse, trash, rubbish or tree limbs will be made, where same Is not prepared for collection and placed as designated by the terms of this ordinance and failure to comply with this provision will be a violation hereof, and sub- ject to the penalty herein provided. VIII. IT shall be unlawful to place any kitchen garbage and refuse, trash or rubbish or any articles, thing or material, in any street or alley within the limits of the City. IX. THE disposal of kitchen garbage and refuse, trash or rubbish and that designated under Sections Four, five and six of this ordinance or any kind of rubbish in any place within the City limits or within 5000 feet outside of the City limits, is prohibited. -3- X. THE meddling with garbage cans, trash and rubbish receptacles or in any way pilfering, scattering contents or j unkings in any alley or street within the City limits is -prohibited. XT NO person, firm or corporation shall hereafter collect kitchen gar 'ba.ge and refuse, trash, rubbish or any kind of junk within the limits of the City of Euless, Texas, without first having obtained from the City Council, under the provisions of this ordinance, a. written permit for such purpose. �Te A. Application for a permit to collect garbage, refuse, trash or rubbish, or any kind of junk within the City limits, shall be made In writing to the City Council and shall set forth the name and ad- dress of the applicant, the trade name under which he does or proposes to do business, the number, kind and size of vehicle, the applicant proposes to operate, the nature and character of service that the applicant proposes to render, rates to be charged for such service, facts showing the demand for such service, location of dumping grounds, and a??plican t e s financial ability to respond in damages in the event of injury to persons or damage to property, by reason of negligence of employees, or negligent operation of motor vehicles. B. All applicants receiving a permit or contract to collect garbage, trash, rubbish, or any bind of junk within the City limits of the City of Euless, Texas, she—I 1 be required to Furnish a good and sufficient contract bond in such amount as may be required by the City Council to indemnify the said City for any and all damages sustained by said. City, growing out of, or by reason of a breach of any agreement or the provisions of any contract or permit issued and shall further Furnish such City certificates of insurance in such amount as may be required by the City Council designating therein City of Euless as co- insured, indemnifying the said City for any and all damages that may be sustained by reason of injury to persons or damage to property due to negligence of contractor or permitee or his employees or negligent operation of motor vehicles operated by said contractor or permittee and his employees. XTii. GARBAGE cans shall be ke pt in a sanit,-i,ry condition and closed tightly, lime must be used at elates where receptacles for the garbage and refuse, trash and rubbish are located to be collected as provided. herein to eliminate odors and flies. The contents of all receptacles shall be so protected that the wind cannot blow and scatter same over the streets, alleys, and pre_riuses of the City and its inhabitants. c dkiv. IN the business districts and from hotels, restaurants, cafes, boarding houses, sanitariums, tourist and trailer camps, and other places not residential, daily disposal shall be made. In the residential districts, kitchen garbage shall be prepared for collection to be made not less than one time each week, or as often as may be necessary to comply with sanitary regulations of the City; trash and rubbish shall be prepared for at least one collection per week, the time of such collections_ to be announced by the official designated, by the City in charge of garbage disposal.. XW. THERE shall be charged, assessed and collected from each person, firm or corporation within the City limits such service charges as are approved by the City Council for garbage, refuse, b=ash and rubbish collection and disposal. Provided, however, when the capacity of any container shall exceed thirty (30) gallons, and that all cans or con- tainers, containing garbage, refuse (trash and rubbish) for collection, are not placed at a point which is readily accessible to the collector as herein provided, the official designated by the City in charge of garbage disposal may authorise an assessment of an additional charge by reason thereof. XVI, IT shall be unlatiaful for any person, firm or corporation to burn any garbage, trash or rubbish within the limits of the City of Euless, \' r Texas. XVII. p. Any person, firm or corporation violating any of the provisions of this ordinance, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum not less than ten dollars (410.00) nor more than Two Hundred. Dollars (� 200.00) , each day that such violation continues shall constitute a separate and distinct offense. B. But in case of any willful violation of any of the terms and provisions of this ordinance, the City of Euless, Texas, in addition to imposing the penalties above provided, may institute any appropriate action or proceedings in any court having proper jurisdiction, to restrain, corroct or abate such vlclPtion; and the definition of any violation of the terms of this ordinance as a misdemeanor, shall not preclude the City of Euless from invoking the civil remedies given it by the laws of the State of Texas, but same shall be cumulative and subject to prosecution as hereinabov e prescribed for such violation. 5- VIII. THIS ordinance shall be cumulative of all other sax?itaxy ordinances or regulations of the City of Ltiless, Texas, unless in conflict with the terms of seid ordinances or regulations, in which case the terms of this ordinance shall prevail. L R � b THIS ordinance shall become effective end be in full force, and effect from and after the date of its adoption and publication as by law provided. ADOPTED t his day of �-� "-L' "2' , A. De 1956 ATT ESf: CITY SECRETARY APPROVED: OT NIAYG� L- ,