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Ordinance No. 460ORDINANCE NO. 0 AN ORDINANCE DEFINING AND !PROV�IDING.FOR THE REGULATION OF AUTOMOBILE TOURIST COURTS ,.COMBINED AUTOMOBILE TOURIST COURTS AND TOURIST COURTS, COTTAGES AND HOUSE CARS; PROVIDING FOR THEIR LOCATION WITHIN THE CORPORATE LIMITS OF THE CITY OF BAY - TOWN, DEFINING CERTAIN TERMS; PROVIDING FOR LICENSING; PROVID- ING FOR DRAINAGE, PLATER SUPPLY AND METHOD OF OCCUPANCY; PRO- VIDING FOR TOILETS, GARBAGE RECEPTACLES, KITCHEN SINKS, REFUSE AND SEWAGE DISPOSAL; LIGHTING; REPEALING ORDINANCES INCONSIS- TENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXI- MUM PENALTY OF T110 HUNDRED ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: For the purpose of this ordinance, certain words and phrases are defined, and certain provisions shall be construed as herein set forth:,..unless it.. • shall be apparent from their context that they have a different meaning. Words used in the singular include the plural, and the plural, the singular. Words used in the present tense include the future. (a) An "Automobile Tourist Court" is hereby defined to be any lot, tract or parcel of land, used In whole or pact, where parking facilities and accomodations are provided by the day, week, month or for a longer period of time, for or without compensation, for two or more house cars when such house cars are being used for human habitation. (b) A "Combined Automobile Tourist Court and Tourist Court" is hereby de- fined to be any lot, tract or parcel of land upon which two or more cottages are lo- cated and maintained for the accomodation of transients by day, week, month or for a longer period of time, for or without compensation, and where in addition thereto parking facilities and accomodations are also provided by the day, week, month or fot a longer period of time, for or without compensation, for two or more house cars whey such house cars are being used in whole or in part for human habitation. (c) A "Cottage" is hereby defined to be any building or structure used by • one or more persons as living or sleeping quarters. (d) A "House Car" is hereby defined to be any structure intended for or capable or human habitation, vehicular in design, which may be driven, towed or pro- pelled from one location to another without change in such structure or design, whether or not the same be supported by wheels. (e) A "Unit" to be used for the purpose of erecting upon same a cottage in a combined automobile tourist court and tourist court is hereby defined to be any lot, tract, or plot of ground of not less than thirty feet by forty feet in dimensio, upon which is erected only one cottage; and a Unit reserved for a house car in an automobile tourist oo.urt or a combined automobile tourist court and tourist court is hereby defined to be any lot, tract or plot of ground of not less than twenty -six (26') feet by thirty -five (35') feet in dimension reserved for the accomodation of only one house car. (f) The term "City" as used in this ordinance shall mean the City of Bay- town, Harris County, Texas, its successors and assigns. (g) The term "street" or "streets" as used in this ordinance shall mean and include any public street, alley, avenue, land, boulevard, drive, public place, highway or thoroughfare commonly used for the purpose of travel within the inccrpor- ated limits of the City of Baytown. (h) The term "Plaza" as used in this ordinance shall mean and include any public park, plaza, square or any other place or premises b6longing to the City of Baytown or which the City has complete jurisdiction and control. e, ,211 0 G) The term "Person" shall include both singular and plural and shall ® mean and embrace any individual, firm, corporation, association, partnership or society, and their agents, servants or erooyees. (j) The term "Owner" when used in this ordinance shall be construed to mean any person, firm, corporation, association, partnership or society who has the control, direction, maintenance and supervision of automobile tourist courts or com, bined automobile tourist courts and tourist courts and house cars, whether as owner or otherwise. W The term "Health Department" is the Health Department and /or Sanitary Inspectors of the City of Baytown. Section 2: It shall be the duty of the Health Department, as hereinabove de- defined, the Plumbing Inspector and the Fire Marshal of the City of Baytown to en- force all of the provisions of this ordinance, and for the purpose of securing en- forcement thereof, the Health Officer, or any of his duly authorized representatives • the Plumbing Inspector and the Fire Marshal shall have the right and are hereby em- powered to enter upon the premises of any automobile tourist court or combined auto- mobile tourist court and tourist court now operating, or which may hereafter be operated within the City of Baytown, to inspect same and all accomodations connected therewith. Section 3: Parking House Cars. (a) No person shall park, place or locate any house car being used for human habitation upon any street or plaza in the City of Baytown for a longer per- iod than three (3) hours. (b) No person shall park, place or locate any house car being used for human habitation on any lot, tract or parcel of land in the City of Baytown owned by an person for a longer period than three (3) hours, except in automobile tourist courts or in combined automobile tourist courts and tourist courts as provided for in this ordinance, unless said house car shall contain bathing and toilet facilities within such house car. In addition thereto, said house car shall be equipped and provided with a supply of pure and wholeseme water, and shall be connected with the City's Sanitary Sewer System. (c) It shall be unlawful for any person, firm or corporation to locate or maintain any such house car in any place in the City of Baytown other than in a duly licensed and lawful automobile tourist court or combined automobile tourist court and tourist court, unless such person, firm or corporation shall first secure a permit from the Health Department of the City of Baytown upon written application filed with the Health Department and giving the name and address of the applicant and a description of the property upon which said house car is to be located. The Health Department shall refuse to grant any such permit unless the applicant shall first show to the satisfaction of the Health Department that there is adequate water closet and kitchen sink available within said house car. Furthermore, such facili- ties shall be connected with the City's Sanitary Seiver lire. It shall be unlawful for any person, firm or corporation to maintain, locate, or live in any such house car without first obtaining such permit from the Health Department of the City of Baytown, Texas. The cost for obtaining such permit or the renewal thereof shall be at the rate of $1.00 per month, and may be payable quarterly, semi- annually or an- nually. Such payments shall be paid in advance. A11 such fees shall be collected by the City. It shall be the responsibility of the property owier to insure #,l:a.t said house car conforms to all existing ordinances of the City of Baytown. Section 4: Waste Plater. It shall be unlawful to permit waste water or mater- ial from sinks, showers or other fixtures in house cars to be deposited on any strer plaza, automobile tourist court, combined automobile tourist court and tourist cour .& 0 • st3„ or upon any lb' within the City. Sinks, showers and other similar fixtures in house • cars when in use shall be connected with the City Sewer S*stem or other sewage dis- posal approved by the Health Department, add in compliance with the plumbing and other ordinances of the City. Section 5: Permit Required. It shall be unlawful for any person, firm or cor- poration to operate or maintain, or to offer for public use, within the confines of the City of Baytown as hereinafter set forth, any automobile tourist court or com- bined automobile tourist court and tourist court without first applying for.and re- ceiving from the Health Department a permit to do so, in the manner hereinafter pro- vided, or without complying with regulations hereinafter set forth, or any rules and regulations which may be formulated and ordained by the City Council of the City of • Baytown, from time to time, and the laws of the State of Texas. Section 6: Application for Permit. (a) Each application for'such permit shall be in writing, upon a form provided by the Health Department for that purpose. It shall state the name and address of the applicant and a description of the property, whereon, or wherein it is proposed to conduct an automobile tourist court or combined automobile tourist court and tour- ist court. It shall also contain such other information as the Health Department ma: require, consistent with law, and it shall be filed by the applicant. It shall be filed with the Health Department not less than ten (10) days before said automobile tourist court or: ?combined automobile tourist court and tourist court is made ready ® for use. (b) The application for such license shall be accompanied by a fee of Three ($3.00) Dollars for Fifty (50%) Percent of the Units in the proposed automobile tour- ist court or combined automobile tourist court and tourist court, for which the City shall issue a receipt. Thereafter, license fees for each existing automobile touris! court or combined automobile tourist court and tourist court shall be paid quarterly and shall be in the amount of Three (;3.00) Dollars quarterly for each unit that has been occupied during the preceding quarter for a period or periods aggregating 30, days or more. Each such license shall expire at the end of each quarter, ie, April 1st, July 1st, October 1st and January 1st., unless previously revoked. The application upon completion, shall be accompanied by a copy of the camp plan, shot,;i:- • the following, either as existing or as proposed: (1) The extent and area used or to be used for automobile house cars; (2) Roadways and,'drivet%mys within such automobile tourist court or combined automobile tourist court and tourist court; 114" (3) Location of units for automobile house car therein; (4) Dimensions of above items; (5) Location and number of sanitary conveniences, including toilets, wa$hrooms, laundries and utility rooms to be u¢ed by occupants of units; (6) Method and plan of sepage disposal; (7) Ilethod and plan of gatbage removal; (8) Plan for water supply: Section 7: Money to City Treasury. All money received by the City as Permit fees, under provisions of this ordinance, shall be paid into the City Treasury and placed in the general fund, Section 8: Investigation Required Before Issuing Permit. Upon the filing of such application accompanied by the permit fee, it shall be the duty of the enforc- ing officers of this ordinance to investigate the premises and determine whether said proposed automobile tourist court or combined automobile tourist court and touri.s`t court or the site selected therefor conforms with the requirements of this ordinance, the charter and ordinances of the City and the laws of the State of Texas and no permit shall be issued unless such automobile tourist court or combined auto- mobile tourist court and tourist court of the site selected therefor complies with such requirements and the t;ealth Department may approve or reject any proposed auto- mobile tourist court or combined automobile tourist court and tourist court site when such does not meet such legal requirements. Section 9: Revocation Or Suspension Of Permit. Any permit granted hereunder shall be subject to revocation or suspension by the Health Department. in the follow- ® ing manner, to -wit: A notice shall be served on the person holding said permit specifying him to appear before the Health Department, at a day and hour therein specified no less than five (5) days after the personal service of said notice on such permit holder, requireing him to show cause at said time and place why said Permit should not be revoked or suspended. At the time and place mentioned in said notice, the person holding said permit shall have th.P. right to appear in person and /or by counsel, and to introduce such evidence as he may desire, and the Ge?lth Department shall confront said permit holder with any charges that said Department may have against him, and. after said hearing the Hep.lth Department may revoke or suspend such permit, if it is shown that such permitfee is in fact violating this ordinance and /or ordinances and charter of the City of B2 %town. ® Section 10: Permit May Be Transferred. Such permit shall be transferable up- on the written application of the holder of the permit to the Health Department and. with its consent endorsed thereon. A permit may be granted at any time during the year, and shall expire at the end of the quarter for which it was issued, unless previously revoked. 0 ,511 Section 11: Permit i:lust Be Posted In Conspicuous Place. It shall be unlawful • for any person, firm or corporation to establish, maintain, conduct or carry on any automobile tourist court or combined automobile tourist court and tourist court un- less there shall be at all times posted in a conspicuous place at said automobile tourist court or combined automobile tourist . court and tourist court, the permit obtained from the Health Department in accordance with the provisions of this ordi- nance. Section 12: Scope of Ordinance. The provisions of this ordinance shall be applicable to every automobile tourist court or combined automobile tourist court and tourist court within the incorporated area of the City of Baytown, and it shall be unlawful for any person, firm or corporation maintaining, operating, conducting or carrying on any such automobile tourist court or combined automobile tourist court and tourist court, or for any person living or sleeping in any house car lo- cated in any automobile tourist court or combined automobile tourist court and tour- ist court, or any other person, to violate or contribute in any way to the violation of any of the provisions of this ordinance. Section 13: Responsibility Of Owner Or- Operator. Every person owning an auto- mobile tourist court or combined automobile tourist court and tourist court shall maintain such automobile tourist court or combi.0ed automobile tourist court and tourist court, and any toilets, baths, or other permanent equipment in connection therewith, in a clean and sanitary condition and shall maintain said equipment in a • state of good repair. Section 14: Grounds Area And Accessibility. Every automobile tourist court or combined automobile tourist court and tourist court, hereinafter established, shall be laid out with, and all existing automobile tourist 'courts or combined auto- mobile tourist courts and tourist courts shall provide available unoccupied space of not less than ten (10) feet in any direction for each such house car, and such available unoccupied space shall not be construed to mean the space directly under any portion of any house car. At no time shall there be a space of less than ten (10) feet between any house car, automobile, or other unit, and any other house car automobile, or other unit, excepting, however, the owner of said house car may park his personal automobile adjacent to his house car; provided, however,, there remains at least ten (10) feet of unoccupied space between said automobile and the adjacent unit. House cars shall be arranged in rows abutting or facing on a driveway, such driveway to have clear unoccupied space of not less than twenty (20) feet in width which space shall have unobstructed access to a public street or alley. IILH • Section 15: Drainage Of Premises. Every automobile tourist court or combined automobile tourist court and tourist court hereafter established shall be located on a well drained area and the premises of every such automobile tourist court or combined automobile tourist court and tourist court, or any existing automobile tourist court or combined automobile tourist court and tourist court shall be pro- perly graded so as to prevent the accumulation of storm or casual rraters. Section 16: lVater Supply. An adequate supply of pure water for drinking and domestic purposes shall be supplied to meet the requirements of said automobile tourist court or combined automobile tourist court and tourist court. Said water supply shall be obtained from faucets only, conveniently located in said automobile tourist court or combined automobile tourist court and tourist court, and no dip- ping vessels or common cups shall be permitted. Section 17: Removal Of ! wheels Or Similar Devices. It shall be unlawful for any person, firm or corporation owning or operating a house car'located in an auto- mobile tourist court or combined automobile tourist court and tourist court to re- move or cause to have removed the wheels or any similar transporting devices from said house Gar to otherwise permanently fix it to the ground that would prevent the ready removal of said house car without first obtaining a permit to do so from the Building Inspector of the City of Baytown, Texas. Any alteration to any house car, as above set forth, shall be construed as removing it from the requirements of this ordinance and reverting it into a dwelling, and it shall thereupon be subject to the ® requirements of the building code of the City of Baytown, Texas, and such house car shall be regarded as a permanent structure required to meet all the building code requirements, as provided for by the ordinances of the City of Baytown, Texas. Section 18: Garbage. Each automobile tourist court and each combined auto- mobile tourist court and tourist court shall be provided with safe and adequate pro- vision for the collection and removal of waste and garbage, approved by the Health Department and complying with all sanitary and other ordinances of the City. Section 19: Sewage. Each automobile tourist court or each combined automobile tourist court and tourist court shall be provided with a proper and acceptable server system, either by connection to the City Sewer System where such is available, or to a private senvage disposal plant, all of which shall comply fully with the plumb- ing and other ordinances of the City and regulations prescribed by the Health De- partment. Section 20: Plumbing. Each automobile tourist court or each combined automo- bile tourist court and tourist court upon which'two or more cottages are ere0ted, or • It7l' 0 two or more house cars are placed, shall be in accordance and complying with the • building, sanitary-;-plumbing and all other ordinances of the City. Each automobile tourist court or each combined automobile tourist court anj tourist court accepting for accomodation hou4 cars not equipped with proper bathing and toilet facilities within said house car, shall provide at the locations herein defined the following: (a) One toilet for each sex for every ten (10) units or fraction thereof. (b) Each toilet room provided for men shall have, in addition, one urinal stall. (c) Each toilet room having two or more toilets shall be provided with one lavatory or washbasin. (d) One shower bath or bathtub shall be provided for each sex for each ten (10) units or fraction thereof. (e) All toilets, basins, showers and bathtubs shall be placed in properly constructed buildings located not more than two hundred (200') feet from each cottage or house car site. (f) Buildings shall be well lighted at all times, day or night, well venti- lated with screened opening, which screen wire shall be of not less than fourteen (14) meshes to the square inch and said building so con- structed to be of such moistureproof material as shall permit rapid and satisfactory cleaning, scouring and washing. (g) The floor shall be of conceete or similar material, elevated not less than four (4) inches above grade, and each room provided with floor drains. (h) Kitchen sinks or basins with adequate water supply shall be provided to serve each ten units, and shall.be constricted in accordance with the design, size and material approved by the Health Department. Section 21: Management Of Courts. Each automobile tourist court or each com- bined automobile tourist court and tourist court shall be under the direct manage- ment of the owner or his agent or representative, for whose acts he or they shall be fully responsible. The name of the person entrusted with the direct management of a court shall be filed for reference with the Health Department. Such person or • persons must be of good reputation and character, and shall satisfy the Health De- partment of their experience and capacity to supervise, manage, regulate, control and maintain good sanitary conditions in and hbout the court. Section 22. Business Office. Each automobile tourist court or each combined automobile tourist court and tourist court shall be provided with a building to be known as the office in which shall be kept copies of all records pertaining to the management and supervision of the court, and such records to be available for in- spection by the Health Department. Section 23: Register for Guests. It shall be the duty of the owner, his agent, representative or manager to keep a register of all persons accomodated on the court, said register to include the names of all persons, their home addresses, • the number and description of their automobile or other vehicles, and duration of stay. Section 24: Rules And Regulations For Court. It shall be the duty of the owner his agent, representative or manager to prescribe rules and regulations for the 0 management of the court; to make adequate provisions for the enforcement of such • rules; and to subscribe to any and all subsequent rules and regulations which may be adopted for the management of such courts. Copies of all such rules and regula- tions to be furnished the Health Department. That in addition thereto, it shall be the duty of the owner, his agent, representative, or manager to comply strictly with the following: (a) Provide for regular inspection of the water and sanitary conveniences; (b) Provide for the collection and removal of garbage and other waste material; (c) Prohibit the placing or storage of unsightly material or vehicles of any kind; (d) Provide for the regular cleaning, painting, repairing and disinfecting of all buildings; (e) Take such other measures as may be deemed to be necessary by the Health Department to preserve the health, comfort and safety of all persons • residing in the court and the general public, consistent with law; (f) Shall cause each dog, cat or other pet animal to be kept under control at all times, either by being tied up or confined in proper enclosure; (g) Shall report to the Health Department all cases of communicable diseases or suspected cases of communicable diseases affecting any guest or em- ployee of the court within twenty -four (24) hours. (h) Shall report immediately to the Police Department of the City all acts of disorderly character committed by any person or persons inside the court. (i) Shall see that copies of all rules and regulations are prepared and posted in conspicuous locations throughout the court. Section 25. Lighting. Every automobile tourist court or combined automobile tourist court and tourist court heretofore or hereafter established shall be pro- vided with means of lighting the same at night and all public water closets and bath units shall be provided with sufficient lighting facilities which shall be kept lighted during the time from one -half hour after sunset until one -half hour • before sunrise. Section 26: Equipment. Any water faucets, toilets, garbage receptacles, or other equipment required by the provisions of this ordinance in automobile tourist courts or combined automobile tourist courts and tourist courts, or which may here- after be required by any rules and regulations of the Health Department pertaining to automobile tourist courts or combined automobile tourist courts and tourist courts shall not be construed to mean water faucets, toilets, garbage receptacles or other equipment now or hereafter located in or adjacent to automobile tourist courts or combined automobile tourist courts and tourist courts and which may al- ready or hereafter be required under the provisions or other laws or ordinances. Section 27_: Fire Protection in Tourist Courts. (a) The owner of an automobile tourist court or a combined automobile tourist court and tourist court shall at all times see that all or- dinances of the City relating to prevention of and protection from fires shall be fully complied with. (b) Permissable Flammable Liquids: It shall be unlawful to keep more than two (2) ten (10) gallons, approved, portable liquid petroleum 0 KON 0 gas containers on, around or about each house car. It is further • stated that each such container shall be securely fastened to some part of said house car. All tubing leading from said containers and coupled with appliances used, or to be used, shall be of semi- rigid metal construction. (c) The owner, manager or operator of any tourist court shall maintain at all times a minimum of one (1) water type fire extinguisher of at least 2� gallons capacity for each four (4) units, and one (1) C.0.2. extinguisher of at least 10 pounds capacity for each eight (8) units impounded on the courts over which he or she has control. These extinguishers must be dispersed in a manner to make them avail- able when needed and kept in a well lighted area where they may be plainly seen. Section 28: Repealing Clause. All ordinances or parts of ordinances inconsis- tent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency, and in all other re- spects this ordinance shall be cumulative of other ordinances regulating and govern- ing the subject matter covered by this ordinance. • Section 29: Savings Clause. If any provision, exception, section, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumbtances shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining pro- visions of this ordinance or their application to other persons or sets of circum- stances and to this end, all provisions of this ordinance are declared to be sever- able. Section 30: Penalty. Any violation of any of the terms of this ordinance whether herein denominated as unlawful or not, shall be deemed misdemeanor; and any person convicted of any such violation shall be fined in a sum not exceeding Two Hundred ($200.00) Dollars. Each day of the continuance of such violation shall be considered a separate offense and be punished separately; and any person, agent, • or employee engaged in any such violation shall on conviction be so punished there- for. Section 31 Effective Date. This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby di- rected to give notice hereof by causing the caption of this ordinance to be pub- lisped in the official newspaper of the City of Baytown at least twice within ten (10) days after the passage of this ordinance. INMODUCED, READ and PASSED by the affirmative vote of a majority of the City Council of the City of Baytown, on this the 14th day of January, 1950. i - 7ALze I - — R. H. Pruett, 6.ayor ATTEST: c, 6L,,j Edna Oliver, City Cleric