Ordinance No. 765ORDINANCE .NO. 765
AN ORDINANCE PROHIBITING ANYONE EXCEPT EMPLOYEES
OF THE CITY OF BAYTOWN FROM EMPTYING GARBAGE CANS
OR TRASH RECEPTACLES OR TRANSPORTING THE CONTENTS
THEREOF ON THE STREETS AND PUBLIC THOROUGHFARES OF
THE CITY OF BAYTOWN WITHOUT OBTAINING A PER1V1IT THERE-
FOR; PRESCRIBING REGULATIONS FOR SECURING PERMIT;
PROVIDING PERMIT FEE; REQUIRING FINANCIAL RESPONSI-
BILITY COVERAGE; REPEALING ORDINANCES INCONSISTENT
THEREWITH; CONTAINING A SAVINGS CLAUSE; FIXING A
PENALTY AND PROVIDING FOR THE EFFECTIVE DATE THERE-
OF.
IUHEREAS, the City of Baytown is the result of the consolidation
and /or annexation of various cities, water districts and other areas;
and
WHEREAS, such spasmodic growth has resulted in the use of pri-
vate haulers to haul garbage, trash and rubbish from the residential
and commercial areas of the City of Baytown; and
WHEREAS, such private haul=, have been unregulated by the City
of Baytown; and
V1HEREAS, the collection and disposal of garbage vitally affects
the public health and welfare; and
UHEREAS, in the course of protecting the health and welfare of
the citizens of the City of Baytown and the public in general, it is
incumbent upon the Governing Body of the City of Baytown to provide
adequate garbage collection and disposal for the citizens of the City
of Baytown; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1: Any person, firm or corporation engaged in the re-
moval of garbage, rcfuse matter or waste material of any kind within
the residential and /or commercial areas within the jurisdiction of
the City of Baytown shall, before engaging in any such work, obtain a
permit from the City Clerk, upon recommendation of the City Health De-
partment. Such permit shall be issued upon receipt of payment of a
license fee of $10.00 per year. Said license fee shall be renewable
yearly upon a calendar It shall be unlawful for any person,
firm or corporation, who has not secured such permit, to engage in such
business or to remove any garbage container, box, barrel, can or other
receptacle provided for the deposit of garbage or other waste material
or to in any manner interfere with any such container or receptacle,
provided; however, that the provisions of this ordinance shall not
apply to the owner or occupant of the premises on which the same is
located.
Section 2: No permit shall be issued under this ordinance unless
the Permittee has arranged to carry the following insurance:
a. Public liability insurance to the extent of
$10,000.00 for any one person; $20,000.00 for
any one accident and $5,000.00 for damage or
destruction of property in any one accident.
b. Such insurance shall be approved by the City
Attorney.
Section 3: No permit shall be issued to a residential collector,
under the terms of this ordinance, unless and until such collector
furnishes a bona fide list, to be filed with the City Clerk, showing
the names and addresses of his customers and, immediately thereafter,
such customers shall be excluded from the trash pick -up services pro-
vided by the City of Baytown. It is further provided that such resi-
dential collector shall be required to furnish the City Clerk a re-
vised list of his customers every six months and, as such customers
decrease, he shall not be permitted to add new customers, located with-
in the residential areas of the City of Baytown, to receive his ser-
vices.
Section 4: Each person, firm or corporation so issued a permit
shall cause each vehicle used in the removal of garbage, trash and
refuse to be provided with a number corresponding with the permit so
issued. The letters shall be legible from either side of,the vehicle
and shall bear the following inscription: "B.H.D. No. iF All
letters shall be four (4 ") inches high and painted, stenciled or other-
wise affixed upon the sides of each vehicle. Such vehicles shall be
inspected and approved by the Health Department before being used to
haul such garbage, waste material and refuse.
Section 5: If any section, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any
person or set of circumstances shall for any reason be held unconstitu-
tional, void or invalid, such invalidity shall not affect the validity
of the remaining provisions of this ordinance or their application to
other persons or sets of circumstances and to this end all provisions
of this ordinance are declared to be severable.
Section 6: .Ul ordinances or parts of ordinances inconsistent
with the terms of this ordinance are hereby repealed, provided, how-
ever, that such repeal shall be only to the extent of such inconsist-
ency and, in all other respects, this ordinance shall be cumulative
of other ordinances regulating and governing the subject matter covered
by this ordinance.
Section 7: Any violation of any of the terms of this ordinance
shall be deemed a misdemeanor and any person convicted of any such
violation shall be fined in any sum not exceeding Two Hundred ($200.00)
Dollars. Each day of the continuance of such violation shall be con-
sidered a separate offense and shall be punished separately and any
person, agent or employee engaged in any such violation shall, on con-
viction, be so punished therefor.
Section 8: 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 within ten (10) days after the passage of this
ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of a majority
of the City Council this the g day of ,)_, 1965.
Seaborn Cravey, MajKr
ATTEST:
Edna Oliver, City Clerk
APPROVED AS TO FORM:
George handier, City /0ttorney