Ordinance No. 749f
ORDINANCE NO. 749
AN ORDINANCE REGULATING AND PRESCRIBING THE
CONDITIONS FOR THE RESIDENTIAL COLLECTION OF
GARBAGE; PRESCRIBING GARBAGE CONTAINER REQUIRE-
MENTS; ESTABLISHING A FEE FOR THE RESIDENTIAL
COLLECTION AND PROVIDING A METHOD FOR BILLING
AND COLLECTING SUCH FEE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A MAXIMUi PENALTY OF TWO
HUNDRED ($200.00) DOLLARS; PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF; AND
REPEALING ALL PRIOR ORDINANCES AND ANENDKENTS
RELATING THERETO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
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 and refuse, but not soil.
Section 2: It shall hereafter be unlawful for any person to
place or throw any garbage 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, trash or
soil in any gutter or other drainage structure within the City
of Baytown. N
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 busi-
ness areas.
Section 4: Garbage and refuse shall be placed in containers
of not more than thirty (30) gallons capacity; each container
shall be a watertight receptacle and shall be provided with suit-
able handles on the outside and with a tightly fitting cover.
The container must not have any inside structures such as inside
bands or anything within the container to prevent the free dis-
charge of the contents. The lids or covers of all containers
shall be kept secure at all times so that flies and other insects
may not have access to the contents thereof.
Section 5: Any person desiring to place garbage for collec-
tion shall place the container on or near the curb line in front
(or at the side) of his residence or in a open alley way adja-
cent to such residence, not later than 7:30 o'clock a.m. on those
days designated by the proper authorities of the City for the col-
lection of garbage in that area of the City. After the garbage
has been collected the owners of the containers shall remove same
from the space between the sidewalk and curbline or from the alley
way not later than 7:00 o'clock p.m. on the day such garbage has
been collected.
Section b: The City shall charge for its services in removing
and disposing of garbage and refuse from houses, buildings and
premises used for residential purposes the sum of One ($1.00)
Dollar per month for each residence, dwelling or apartment from
which garbage is collected. The charge or fee herein fixed for re-
moval & disposal of garbage shall be & is hereby levied by the City
of Baytown against all owners, occupants, tenants or leasees using
or occupying any building, house or structure receiving such ser-
vice. It is deemed necessary that this charge be levied as pro-
vided in order to provide and rzaintain proper and prompt removal
of all refuse and garbage, trash and other accumulations, such re-
moval being essential to the preservation of public health and
safety. Any person who shall fail or refuse to pay the charge here-
in specified within thirty days from the date same shall become
due and payable, shall have his service suspended, and the amity
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 `eater Department and collection of said
charge shall be made by that departrzent. The owner of each resi-
dence or dwelling froisi which garbage and refuse is so collected by
the City shall pay the One (:;)1.00) Dollar 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 collecting the full amount
of said bill, including the garbage collection charge.
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's sanitary garbage landfill.
Section 9: Dogs, cats or other dead animals shall not be
placed in garbage containers.
Section 10: The funds derived from the charges made under
the terms of this ordinance shall be used exclusively for the op-
eration, maintenance and improvement of the Garbage Department of
the City.
Section 11: Rock, waste, scrap building materials, or other
trash resulting from construction or remnodeling, or resulting frog;
a general clean -up of vacant or improved property in preparation
for construction, will not be removed by the City as regular ser-
vice, but may be done for the owner on payment of an extra charge.
The owner, at his option, may have such debris removed at his ex-
pense by private haulers. Provided further, that in no event
shall the City of Saytown remove trees, limbs, tree trimmings and
similar vegetation that may be placed on the front of lots by
commercial tree surgeons, nurserymen or any other person doing
similar work for profit.
Section 12: Grass cuttings and leaves shall be placed in
containers that can be readily handled by one roan; and limbs,
brush and tree trimmings shall be cut into lengths and sizes that
can be readily handled by one man. This refuse shall be collected
by the City on a schedule so as to provide approximately one such
collection a week throughout the residential section. The proper
authorities of the City shall designate the manner and time of
making such collections so as to provide effective collections of
such material, at a minimum expense.
Section 13: It shall be the duty of the City Manager to
designate an employee or employees to make all necessary inspec-
tions and investigations to see that the termms hereof are being
fulfilled.
Section 14: It shall be unlawful for any person, owner or
occupant of any dwelling, residence or other pre,.ises in the City
to deposit garbage or refuse in any receptacle or container other
than as defined herein.
. , .
Section 15: If any section, subsection, paragraph, clause,
phrase or sentence of this ordinance, or the application of same to
a particular set of circumstances or persons should, fcr any reason,
be held invalid, such invalidity shall in nowise affect the remain-
ing provisions or this ordinance and to this end, all sections and
paragraphs hereof are declared to be severable.
Section 1b: Any person violating any provision of this ordin-
ance shall be deemed K)-10.00) ilty of a misdemeanor and subject to a fine
of not less than Ten Dollars nor yore than Two Hundred
(:200.00) Dollars.
Section 17: This ordinance shall take effect from and after
ten (10 ) days from its passage by the City Council. 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 thereof.
Section 18: All ordinances and amendments heretofore passed
governing the above and foregoing subject or any part thereof are
hereby expressly repealed.
INTRODUCED, RE ",D and PASS2D by the
ma o�y of the City Council of the City
day of 1955.
ATTEST:
Edna Oliver, City Clerk
APPROVED:
7
George andler, City :attorney
affirmative vote of a
of Baytown on this the
Seaporr}�ravey,