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Ordinance No. 13LJ D ORDINANCE NO. 13 0 AN ORDINANCE REGULATING THE COLLECTION OF GAR3AGE AND REFUSE 'WITHIN THE CITY OF BAYTOWN; PROVIDING THE SIZE OF CONTAINERS; ESME LISHING A FEE FUR T14E RESIDENTIAL COLLECTION AND PROVIDING A ?'iETFiOD OF BILLING AIM) COLLECTING SUCH FEE; PROVIDING FOR MAXIMI PENALTY OF $100 FOR VIOLATION AND FOR EFFECTIVE DATE HEREOF AND REPEALING ALL PRIOR ORDINANCES AND AMEND- VENTS RELATING THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOF4N: THAT the collection of garbage and refuse within the City of Baytown is hereby regulated as follows: Section 1. Garbage as used herein is defined as rubbish, trash, kitchen and household waste, tin cans, ashes, paper, food or merchandise containers, refuse, grass, weeds and leaves. "City Health Officer" or "Health Officer" -as used herein shall mean the City Health of of the City of Baytown, Texas, or his authorized agent or any employee of the city authorized to fulfill the duties of health inspector of said city. Section 2. It shall hereafter be unlawful for any person to place or throw any gar- bage or refuse of any kind or character on the streets or in the alleys of the City of Baytown at any time, but all such garbage and refuse shall be placed in a receptacle as hereinafter described. It is specifically provided that no person shall throw or place any garbage, refuse, leaves or trash in any gutter or other drainage within the City of Baytown. Section 3. The regulations and provisions hereof relate to and cover the residential collection of garbage and refuse and are not intended to apply to the collection thereof in the 'business areas. Section 4. Garbage and refuse shall be placed in metal containers of not more than 30 gallons capacity; each container shall be a water -tight receptacle and shall be provided with suitable handles on the outside and with a tightly -fitting metal cover. The container must not have any inside structures such as inside bands or anything within the container to prevent the free discharge of the contents. The lids or covers of all containers shall at all times be kept secure and fastened so that flies and other insects may not have access to the contents thereof. Section S. Any person desiring to place garbage for collection shall place the con- tainer on or near the curb line in front (or at the side) of his residence or in an open alley -way adjacent to such residence not later than 8 a. m. on those days designated by ® the proper authorities of the city for the collection of garbage in that area oz the city. After the garbage has been collected, the owners of the containers shall remove the same from the space between the sidewalk and curb line or from the alley -way not later than 8 p. m. of the day such garbage has been collected. Section 6. The city shall charge for its services in removing and disposing of gar- bage and refuse from houses, buildings and premises used for residential purposes the sum of $1 a month for each residence, dwelling or apartment from which garbage is collected. The charge or fee herein fixed for removal and disposal of garbage shall be and is hereby levied by the City of Baytown against all owners, occupants, tenants or lessees using or occupying any building, house or structure receiving such service. It is deemed necessary that this charge be levied as provided in order to provide and maintain proper and prompt removal of all refuse and garbage, trash and other accumulations, such removal being es- sential to'the preservation of public health and safety. Any person who shall fail or re- fuse to pay the charge herein specified within thirty day's from the date same shall become due and payable shall have his service suspended, and the City Health Officer shall be notified immediately for appropriate action in accordance with the ordinances and laws regulating sanitation. Section 7. For convenience of collection, it is provided that this charge shall be added to the monthly water bills prepared and mailed by the city water department and col= lection of said charge shall be made by that department. The owner of each residence or dwelling from which garbage and refuse is so collected by the city shall pay the $1.00 charge therefor at the time of payment of the monthly water bill covering service to such .residence or dwelling. After such charge has been made, employees of the city shall not accept payment of the monthly water bill from any such owner of residence without collect- ing the full amount of said bill including the garbage collection charge. -1- Section -8. Nothing in this ordinance shall be construed to allow the city to collect for services unless garbage is actually removed by the city and nothing herein shall affect the right of the householder or others to remove their own garbage to the city dump under ® the supervision of the city health officer. Section 9. Dogs, cats or other dead animals shall not be placed in garbage containers and any one having such dead animals on their premises shall call the City Clerk and the garbage department will pick up and remove said animal at a charge of $1 for each animal so removed. Section 10. The funds derived from the charges made under=the terms of this ordinance shall be used exdlusively for the operation, maintenance and improvement of the garbage department of the city. It is specifically provided that all charges and fees herein es- tablished shall terminate six months from the effective date hereof and shall not there- after be levied or collected unless expressly renewed and reenacted by ordinance duly passed by the City Council of the City of Baytown. Section 11. Rock, waste, scrap building materials, or other trash resulting from con- struction or remodeling, or resulting from a general clean-up of vacant or improved prop- erty in preparation for construction, will not be removed by the city as regular service, but may done for the owner on payment of an extra charge. The owner, at his option, may have such debris removed at his expense by private haulers. Section 12. Tree trimmings, hedge cuttings, trash and scrap other than that referred . to in Section 11 hereof shall be collected by the City on a schedule so as to provide ap- proximately one such collection a week throughout the residential section. The proper authorities of the city shall designate the manner and time of making such collection so as to provide effective collection of such trimmings, trash and scrap at a minimum expense. Section 13: It shall be the duty of the City Health Officer to make all necessary inspections and investigations to see that the terms hereof are being fulfilled and to determine that all money that may be due the city in connection herewith is collected and to report all violations of the provisions of this ordinance. Section 14. It shall be unlawful for any person,.owner or occupant of any dwelling resident or other premises in the. city to deposit garbage or refuse in any receptacle or container other than as defined herein. Section 15. Any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor and subject to a fine of not less than $5 nor more than $100. Section 16. If any section, subdivision, paragraph, clause, phrase or sentence of this ordinance, or the application of the same to a particular set of persons .or circum- stances should; for any reason, be held invalid, such invalidity shall in nowise affect the remaining portions of this ordinance, and to such end the various sections and para- graphs hereof are declared to be severable. Section 17. This ordinance shall take effect on July 1, 1948. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice prior to the effective date hereof. Section 18. All ordinances and amendments thereto heretofore passed covering the above and foregoing; subject or any part thereof are hereby expressly repealed. Introduced, read and passed by the affirmative vote of a majority of the City Council of the City of Baytown on this the 27th day of may, 1948. ATTEST: Edna Oliver, City Clerk -2- E. D. Cleveland, Mayor