Ordinance No. 945ORDINANCE NO. 945
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF
CHAPTER 14, GARBAGE AND TRASH, BY AMENDING SEC-
TIONS 14 -2, 14 -24 AND 14 -25, SO AS TO MAKE IT
UNLAWFUL FOR ANY PERSON TO PLACE GARBAGE, REFUSE,
LEAVES, TRASH OR SOIL IN OR UPON A PUBLIC STREET
WITHIN THE CITY LIMITS OR SO CLOSE THERETO AS TO
CREATE A TRAFFIC HAZARD; INCREASING THE CHARGE
FOR THE COLLECTION OF REFUSE FROM $1.25 TO $1.75
PER MONTH FOR EACH RESIDENCE, DWELLING OR APART-
MENT; BY REPEALING SECTION 14 -35; AND BY THE AD-
DITION OF A NEW SECTION, TO -WIT: SECTION 14 -26;
ESTABLISHING CERTAIN STANDARDS FOR THE COLLEC-
TION OF GRASS CUTTINGS, LEAVES, LIMBS, BRUSH AND
TREE TRIMMINGS; PROVIDING FOR A PENALTY NOT EX-
CEEDING TWO HUNDRED ($200.00) DOLLARS; REPEALING
ORDINANCES INCONSISTENT HEREWITH; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF BAYTOWN:
Section 1: That the Code of Ordinances of the
City of Baytown, Texas, is hereby amended by amending Chapter
14, Garbage and Trash, by the amendment of Sections 14 -2,
14 -24 and 14 -25, and by the addition of a new section, to-
wit: Section 14 -26 in lieu of Section 14 -35, which is herein
repealed. The amended sections and new section shall read
as follows, to -wit:
Section 14 -2. Compliance with provisions re-
quired.
All garbage and waste matter of any
kind shall be placed by the person in
charge of the premises in containers
as hereinafter set forth.
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 at any time, but all such garbage
and refuse shall be placed in a recep-
tacle as hereinafter described. It is
specifically provided that no person
shall throw or place any garbage, re-
fuse, leaves, trash or soil in any
gutter or other drainage structure
within the city, nor shall any person
place any such garbage, refuse, leaves,
trash, or soil in or upon any public
street within the city, or so close
thereto as to cause a traffic hazard.
Section 14 -24. Charge for collection.
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 dollar seventy -five cents ($1.75) per
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 against all owners,
occupants, tenants or lessees using or
occupying any building, house or structure
receiving such service. It is deemed neces-
sary that this charge be levied as provided
in order to provide and maintain proper
and prompt removal of all refuse and gar-
bage, trash and other accumulations, such
removal being essential to the preservation
of public health and safety. Any person
who shall fail or refuse to pay the charge
herein specified within thirty (30) days
from the date same shall become due and
payable, shall have his service suspended,
and the city health officer shall be no-
tified immediately for appropriate ac-
tion in accordance with the ordinances
and laws regulating sanitation.
Section 14 -25. Collection of charge.
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
collection of said charge shall be made
by that department. The owner of each re-
sidence or dwelling from which garbage
and refuse is so collected by the city
shall pay the one dollar seventy -five cents
($1.75) 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
or residence without collecting the full
amount of said bill, including the gar-
bage collection charge.
Section 14 -26. Collection of foliage.
Grass cuttings and leaves shall be
placed in containers that can be readily
handled by one man. Limbs, brush, and
tree trimmings shall be cut into lengths
not to exceed four feet and shall be such
that they can be readily handled by one
man. Tree trunks or limbs in excess of
two inches in diameter shall be trimmed
so as to be free of secondary branches.
This refuse 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
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designate the manner and time of
making such collections so as to
provide effective collection of
such material, at a minimum ex-
pense.
Section 2: That Section 14 -35 of Chapter 14,
Garbage and Trash, is hereby repealed, and the same shall
cease to have force and effect from and after the effective
date of this ordinance.
Section 3: Penalty Clause: Any person who vio-
lates any provision or provisions of this ordinance shall
be punished by a fine not more than Two Hundred ($200.00)
Dollars, and each violation shall constitute a separate
offense.
Section 4: Savings Clause: If any provision,
section, exception, 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 unconstitutional, 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 or circumstances and to this end all provisions of this
ordinance are declared to be severable.
Section 5: Repealing Clause: All ordinances or
parts of ordinances inconsistent 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 respects this ordinance shall be cumulative
of other ordinances regulating and governing the subject
matter covered by this ordinance.
Section 6: Effective Date: This ordinance shall
take effect from and after ten (10) days after 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 days after its passage.
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INTRODUCED, READ and PASSED by the affirmative
vote of the City Council of the City of Baytown, Texas, this
the / day of 1968.
Seaborn Cravey, Mayor `
ATTEST:
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Edna Oliver, City Clerk
APPROVED:
William R. Laughlin, City (Attorney
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