Ordinance No. 3,728`. PUBLISHED IN: TTt t_Baytown Sun
us nnay, Dec. , 1983 3i21 # -4
Monday, Dec. 19, 1983
ORDINANCE NO. 3728
AN ORDINANCE OF THE CITY OF COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AA434C NG Cl- MTER 14, OGARMAM, TRASH AND
BRUSH; BY ADDING ARTICLE V., -COMMERCIAL WASTE
DI W' REPEALM CONFLICTING ORDNANCESI COWADA IG A
SAVINGS CLAUSE; PRESCRIBING A MAXIMUM .PENALTY OF ONE
THOUSAND AND ND /100 ($IPOI,= DOt!1ARSS AILS gTpNDDG FOR
THE PUBLICATION AND EFFECTIVE DATE HEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXASt
Sectior l: That the Code of Ordinances of the City of Baytown is hereby
amended by the amendment of Chapter 14, "Garbage, Trash and Brush," by adding
Article V., "Commercial Waste Disposal," which shell read as follows:
ART. V. Commercial Waste Disposal
SEC. 14-20 Definitions
(a) In this Article:
(1) "Approved Commercial Waste Container" means a
building, vehicle, or container used to store or transport commercial
waste except brush; which is totally enclosed; is of adequate strength
and design to prevent leakage of leachates and spillage of other waste
during storage, transport and emptying or loading; and which is
regularly replaced or cleaned to prevent offerrAve odor and harborage,
feeding and propagation of vectors.
(2) "Brush" means the cuttings or trimmings from trees,
shrubs, or lawns and similar materials.
(3) "Building Waste" means waste generated by
construction or demolition of buildings or other structures.
(4) "Commercial Waste" means any putrescible or
nonputrescible, combustible or noncombustible discarded or used
materials including solid, liquid, semisolid, or contained gaseous
material such as garbage, trash, brush, leachate, building waste and
junk generated by industrial or manufacturing processes, food
preparation or service, agricultural operations, oil and gas recovery,
institutional, governmental, or religious activities, retail or wholesale
stores or shops, apartment complexes, condominium projects or mobile
home part a er ^eeding eight (8) units, tree or lawn services, fishing
. operations ar.d other commercial activities.
(5) "Disposal" means the discharge, deposit, injection,
dumping, spilling, leaking, or placing of any commercial waste into or
on any land, water or container.
(6) "Garbage" means putrescible animal and vegetable
waste generated by the acquisition, handling, preparation, cooking,
service, or consumption of food.
(7) "Junk" means discarded or used appliances, machinery,
vehicles, plumbing, gas and electrical fixtures, wires, pipes, metals and
other similar materials and things when found in quantity.
31214 -4a
(8) "Leachate" means liquid that has passed throes or
emerged from putrescible waste or contains soluble, suspended, or
miscible materials from other commercial waste.
(9) "Maintain" means to passively permit to remain or
actively refuse to remove.
(10) 'Notice" means actual notice or notice in writing, sent
by registered or certified mail with return receipt request and
addressed to the owner or the registereJ agent of the owner of
property at the location of the property, the address shown for the
rr owner by the tax records of the City of Baytown, or the address of
the registered agent reflected by the records of the Texas Secretary of
State. Notice given in writing in accordance with this article is
presumed to have been received no later than five (5) days after it
was sent.
(11) "Public Sewer Sya*rye means all gutters, drains, pipes,
left stations, canals, equipment and plants of both storm and sanitary
sewer systems.
(12) "Putrescible Waste" means wastes which are capable of
being decomposed by microorganisms with sufficient rapidity as to
cause nuisances from odors or gases, and capable of providing food for.
or attracting birds or vectors and includes garbage, human and animal
wastes and Leachate.
(13) "Trash" means nonputrescible solid waste consisting of
both combustible and noncombustible materials including paper, rags,
carton, wood, excelsior, furniture, rubber, plastics, glass, crockery,
cans, metal furniture and similar materials.
(14) "Waste" means both commercial and residential waste.
(15) "Vector" means rodents, flies and mosquitoes.
(b) The definition of a term in this article applies to each
grammatical variation of the term.
14 -21 COMMERCIAL WASTE GENERALLY.
The City shall not collect commercial waste. The collection and
disposal of commercial waste shall be carried out in a safe, sanitary
and timely manner. Nothing in this article shall apply to any state
approved sanitary land fill or other waste disposal regulated by other
law.
14 -22 ILLEGAL MAINTENANCE OF COMMERCIAL WASTE.
(a) A person commits an offense if he intentionally or knowingly
transports or maintains commercial waste except within an approved
comr-e -cial waste container.
• (b) For purposes of this article, intent and knowledge are
presumed if notice is given in accordance with this article.
(c) An offense under this section is a misdemeanor and
punishable by a fine not to exceed ONE THUUSANU AND NU /100
(51,000.00) DOLLARS.
14 -23 ILLEGAL DISPOSAL OF COMMERCIAL WASTE.
(a) A person commits an offense if he intentionally or knowingly
disposes of commercial waste into any public sewer system.
(b) It is a defense to prosecution if garbage is disposed of into
a sanitary sewer system and it has been shredded in a garbage disposal
or grinder to less than 1/4 inch and all particles carried freely under
the flow conditions prevailing in su=ti sanitary sewer system.
31214 -4b
(c) An offense under this section is a misdemeanor sod
punishable by a fine not to exceed ONE THOUSAND AND NO!100
($IAW.00) DOLLARS.
14 -24 ILLEGAL PLACEMENT OF COMMERCIAL WASTE
CONTAINERS.
(a) A person commits an offense if he intentionally of knowingly
places a commercial waste container upci public right -of -way or
• maintains such container upon public right -of -way after notice.
(b) An offense under this section is a misdemeanor and
punishable by a fine not to exceed ONE THOUSAND AND NO /100
(SIAM M) DOLLARS.
14 -25 FAILURE TO CARE FOR COMMERCIAL WASTE CONTAINER
(a) The owner of a commercial waste container commits an
Offense if he intentionally or knowingly fails or refuses to empty,
clean, or disinfect a commercial waste container after notice;
(b) An offense under this section is a misdemeanor and
punishable by a fine not to exceed ONE THOUSAND AND NO /100
($1,000.00) DOLLARS,
14 -26 ILLEGALLY MAINTAINING HEALTH AND FIRE HAZARDS.
(a) A person commits an offense it he intentionally or knowingly
maintains waste in such manner that it tends to constitutes a health or
fire hazard.
(b) It is presumed that waste tends to constitute a health
hazard if
(I) It is a breeding place for or infested with vectors,
(2) Putrescible waste is present which is not totally
enclosed within an approved waste container.
if: (c) It is presumed that waste tends to constitute a fire hazard
(1) Combustible waste is maintained in close proximity to
a heat or flame source; or
(2) Material subject to spontaneous combustion is
maintained outside an airtight container.
(d) An offense under this section is a misdemeanor and
punishable by a fine not to exceed ONE THUUSAND AND NO /100
($1,000.00) DOLLARS.
14 -27 Any waste container found upon public right -of -way after notice
may La removed or caused to be removed at the owner's expense.
• 14 -28 The City of Baytown Police Department, Fire Marshal's Office,
Inspection Department and Health Department are authorized to enforce
the provisions of this article and to make all necessary inspections,
issue citations, give notice, file applicable charges and otherwise
cooperate in the enforcement hereunder.
Section 2: 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.
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3121'; -ec
Section 3: 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 of circumstances and to
this and all provisions of this ordinance are declared to be severable.
Section 4: Any person violating the provisions of this ordinance Wall be
punished by a fine of not more then ONE THOUSAND AND NO /100 (:f �MM)
DOLLARS, and each violation shall constitute a separate offense.
Section S: This Ordinance shall take effect from and after ten (10) days from
its passage by the City Council. The City Clark 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 the City
Council of the City of Baytown on this the 14th day of Ddcember, 1983.
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