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HomeMy WebLinkAboutOrdinances (O-71-03)-05/11/1971 / (i ,r. J/ ~ \ , l;),,;)(J CITY OF COLLEYVILLE \ \:J.. .TARRANT COUNTY l~(06) '-~ '" ) VOL U~ ~ PAGEUQ:... VC'L:,:1!I= ..:r:- Tl,GEiL ~ ,"'~ t ~ ." ~, I,:,_',m :,) 1..1 1 (', en .." ...... ..r ".' CITY OF COLLEYVILLE ORDINANCE NO. 0-71-3 ("I ,"--'J /- 'J ), " ( /.--,,' r ' ! ! - u -//) AN ORDINANCE DEFINING NUISANCES GENERALLY AND PARTICULARLY, PRESCRIBING REGULATIONS, PROVIDING FOR ABATEMENT AND FIXING PENALTIES. ,BE IT EXECUTED BY THE CITY COUNCIL OF THE fCITY OF COLLEYVILLE, TEXAS: SECTION I. General Definition Whatever is dangerous to human life or health, what- ever renders the ground, the water, the air or food a hazard or inj~ry to human life or health or that is offensive to the senses, or that is or threatens to become detrimental to the public health, is hereby declared to be a nuisance, and the specific acts, conditions and things set forth in this article are, among other, each and all of them hereby declared to be nuisances and prohibited and made unlawful. SECTION II. Definition of "Filthy Ash Heaps", "Rubbish" and "Garbage" The words "filthy ash heaps", whenever used in this article, shall be held to include cinders, coal and everything that usually remains after fires and that has been mixed with garbage or filth of any kind. The word "rubbish" shall be held to include all loose and decayed material and dirt-like substances that attends use or decay, or which accumulates from buildings, storing or cleaning. The word "garbage" shall be held to include every accumulation of both animal and vegetable matter, liquid or otherwise, that is received from kitchens, and also all putrid and unsound meat, beef, pork, fish, decayed or unsound vegetables or fruits. 0-7/-3 r-~, 9S- 6' LJ02 c:. '-l vel '~ _ PACf UOL' SECTION III. ouse" an house", The words "tenement house", wherever they occur in this article, shall be taken to mean and include every house, building or portion thereof which is rented, leased, let or hired out to be occupied or is occupied as the house, home or residence of more than three families, living independently of one another and doing their cooking upon the premises, or by more than two families upon a floor, so living and cooking, but having a common right in the halls, stairways, yards, water closets, privies or some of them. A "lodginghouse" shall be taken to mean and include any house or building or portion thereof in which persons are harbored, received or lodged for hire for a single night or for less than one week at a time, or any part of which is let to any person to sleep in for any term less than one week. A "boardinghouse" shall be held to include every building and every story and portion thereof which is at any time or usually used, leased or occupied, or intended to be, by any number of persons exceeding ten, as boarders thereat. A "cellar" shall be taken to mean and include every basement or lower story of any building or house of which one- half or more the height from the floor to the ceiling is below the level of the street adjoining. SECTION IV. Stables, Stalls, Etc., In Which Manure Accumulates Whenever any stable, stall, shed or apartment, or any yard or appurtenance thereof, in which any horse, cattle, cows, sheep, goats, swine or any other animal shall be kept by any person or any person allowing a place within the corpor- ate limits of the City in which manure or liquid discharges of 0-7(-3 VOLUME ~ P,AGE.~ VOL 6;~()2 f-)jGF. tij4 such animals shall collect or accumulate, and which stable, stall, shed or apartment, or any yard or appurtenance thereof, is not kept in a clean and sanitary condition so that no of- fensive smell shall be allowed to escape therefrom, it shall be deemed a nuisance; provided that nothing in this section shall be so construed as to include manure deposits upon any private property for the purpose of cultivating same; when such deposits are maintained so as to prevent the breeding of flies. SECTION V. Pig Pens, Lots, Stables, Etc. All plg pens, lots, stables, yards, sheds or sties in which pigs are kept by any person within the corporate limits of the City to the annoyance, injury, inconvenience or detriment of any person within the City shall be deemed a nuisance. SECTION VI. Keeping Hogs Within Five Hundred Feet of Residences Any person keeping or maintaining any hogs within five hundred 'feet of any residence is hereby declared to be a nuisance. SECTION VII. Dog Kennels Within Three Hundred Feet of Residences Any person allowing any dog kennels or other places where dogs are raised or board~d within three hundred feet of any residence is hereby declared a nuisance. The term "dog kennel" as used in this section shall mean the housing or keeping of four or more dogs for any purpose. () -7/-] ~r yrc;;: 97 VOL 6~~02 PAG~, 655 SECTION VIII. Kee Any person stabling, pasturing or keeping of any horse, cow, cattle, sheep or goat within one hundred feet of any occupied building shall constitute a nuisance. The term "occupied building", as used in this section, shall mean a building occupied by any person other than the owner or person in charge of such animals, or persons in the immediate family of such owner or person in charge. SECTION IX. Keeping Chickens or Other Fowl Within Fifty Feet of Residences, Etc. Any person keeping or maintaining of any chickens or other fowl in the City within fifty feet of any residence or inhabited building shall constitute a nuisance. The term "chickens", when used in this section, shall mean chickens, hens, chicks, roosters or other fowl, both singular or plural. Pigeons - Conditions for keeping releasing in City limits. It shall be unlawful for any person or persons to keep, maintain or harbor on any lot, parcel or tract within the limits of the City more than seventy five (75) pigeons. Every person who owns, controls, keeps, maintains or harbors any pigeons within the corporate limits of the City shall at all times keep them confined in proper cages or lofts, and maintain the cages or lofts in a clean and sanitary condition. Provided, however that pigeons bearing a seamless leg band issued by a recognized association of pigeon fanciers may be released for exercise or performance, upon the condition that the owner or person or persons having possession of such pigeons shall not permit them to alight on any building whatsoever, or property of others. 0-7/-3 .'- ,'" ,-- :r' ,tflf .....' :.....'."'. ',' -"", -~-----_._~- VUL 6202PAfiEo5ij SECTION X. Discharge of Liquid Waste on Streets, Etc. Any person who shall allow to accumulate or be dis- charged from any place into any public street, alley or private property in the City, urine liquid waste from stables, swill, water from privy valuts, water from sinks, waste water, or any foul or nauseous liquid waste of any kind whatever, shall be deemed a nuisance. SECTION XI. Accumulation of Unsound Meat, Decayed Vegetables, Rubbish, Etc. Any person either as owner, agent, lessee or oc- cupant of any building, yard or lot of ground, who shall allow to accumulate or to remain in or on such building, yard or lot of ground any putrid and unsound meat, pork, fish, hides, de- cayed vegetables or food, manure, filthy ash heaps, garbage, offal, rubbish, dirt or filth of any kind which, by its decay or putrefaction, could or would become offensive to human beings or detrimental to health or shall create a nuisance, shall be deemed guilty of a misdemeanor. SECTION Xl1. Liability of Owner or Agent Renting Building For Condition of Halls, Yards, Water Closets, Etc., - Generally. Whenever any owner or agent of any building in the City shall rent, lease or hire out to be occupied any building or part thereof as a home or residence of more than two families living independent of one another, or a building to different persons for stores and offices in such building, giving to each family or person the common right to halls, yards, water closets or privies, or some of them, then such owner of agent may also be made a defendant in a prosecution for the violation of the provisions of this article, and be subject to fine, the same as the occupant of the premises, and any prosecution for violation of this article may be maintained against the occupants, owner or agent of the premises, or either or all of such parties. 0-7/-3 6()(J~ ~ ,. ,-) VOL (..I .... PAGf uQ ; VOLUME .-I: PAGE_ C?9 SECTION XIII. Same - Liabilit Not To Attach Unless Buildin s Are Rente erent Persons Owners or agents shall only be held responsible under the provisions of this article where buildings are rented to different persons as described in Section XII of this Chapter. SECTION XIV. Burning Manure, Straw, Garbage, Etc. No person shall burn on any street, alley, or other public or private property in the City, any manure, straw, garbage or any refuse of any kind or description; provided, that this section shall not be applicable where an incinerator, approved by the State Department of Health and the City Council, is used. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor. SECTION XV. Depositing Dead Animals, Rubbish, Etc. On Streets, Etc. No person shall deposit any dead animal or excrement or filth from privies or any hay, straw, dirt or rubbish of any kind or description or any filthy water or manure upon any streets, alleys, or public or private property in the City. Any person found guilty of violating any of the provisions of this section shall be deemed guilty of a misdemeanor. SECTION XVI. Same - Duty of Police It shall be the duty of the police within their re- spective districts to watch for and arrest persons throwing or permitting to be thrown from their premises into any street, alley, market place, sidewalk or gutter, any filth or other matter prohibited by Section XV of this Ordinance. D"71-3 6t () "'2 ~" ,) VOL (~v... PAfif uQo vcy,m r;;; ...,-- ,"'" Gr III . -., .,~__.tl'. 1,'; ..!'~ SECTION XVII. Allowing Slaughtered Hogs, Beefs, Etc., To Remain Unclean. If any owner or occupier of any slaughterhouse, market or meat shop, wherein any hogs, beefs or other animals are slaughtered or sold, either in such slaughterhouse or on the premises of such owner or occupier, shall permit the same to remain unclean, the same shall be deemed a nuisance. SECTION XVIII. Green or Unsalted Hides No person shall keep in the City any green or un- salted hides for a period exceeding a period of six hours. SECTION XIX. Rendering Materials From Dead Animals The business or any part thereof, or any or either of them, of bone crushing, bone boiling, bone grinding, bone burning, bone drying, fat burning, fat boiling, fat rendering, fat drying, gut cleaning, or the making of glue or the manu- facture of fertilizing material of any kind or description, from any dead animal, or parts thereof, or any boiling of of- fal, swill, fat or grease of any description, which shall be done or carried on In an offensive, unclean or defective manner in any building, yard or lot of ground within the corporate limits of the City shall be deemed a nuisance. SECTION XX. Filthy Drains, Leaking Garbage Receptacles, Manure Boxes, Etc. Any person allowing any unclean, stinking, foul, defective or filthy drain, ditch, tank or gutter, or any leaking or broken slop, garbage or manure boxes or receptacles of like character, whenever or wherever found within the corporate limits of the City shall be deemed a nuisance. o~ 7/~ 3 ~- '_nr_~"',-,-, /01 6C)(J'l ~" P VOL (~ ~ P/iGEUU.:1 SECTION XXI. Vegetable Wastes, Garbage, Etc., On Private Alleys, Etc. Any person allowing vegetable waste, litter, garbagr, filth or refuse of any nature, kind or description whatsoever to be found in or upon any private alley, yard or area within the corporate limits of the City shall be deemed a nuisance. SECTION XXII. Accumulation of Offensive Materials on Lots, Etc. Whenever there shall be found in or upon any lot or piece of ground within the corporate limits of the City, where a person has allowed any dirt gathered in cleaning yards, waste of mills or factories of any rags, damaged merchandise, wet, broken or leaking barrels, casks or boxes, or any materials which are offensive or tend by decay to become putrid or to render the atmosphere impure of unwholesome, or to provide harborage for rats, the same shall be deemed a nuisance. SECTION XXIII. Depositing or Throwing Articles into Sewer, Sewer Inlet, Etc. No person shall, in the City, deposit or throw into any sewer inlet or privy vault, which has a sewer connection, any article whatever that may cause the sewer to choke up or otherwise create a nuisance. SECTION XXIV. Requirements as to Vehicles Hauling Garbage, Swill or Other Offensive Matter Every vehicle used to transport manure, garbage, swill, ashes, cinders or other loose material in apy of the streets of the City shall be fitted with a good and substantial tight box thereon, the sides of which shall not be less than twenty-four () - 7/-3 VOLU1.rn ;r/ PAGE 102 -- vOl6202 PAGE 660 (24") inches high, and the tailboard twenty-four (24") inches high, so that no portion of such manure or other loose material shall be scattered or thrown into the street. All vehicles used for hauling garbage, swill or other offensive matter shall have the box thereon closely covered with sufficient covering, or so closely fitted as to prevent the escape or flying about of any of the contents or effluvia therefrom. Every contractor or other person using any vehicle, or causing any vehicle to be used for the purpose herein named, which does not comply with the provisions of this section, shall be deemed guilty of allowing a nuisance. SECTION XXV. Ponds or Pools of Unwholesome Water Any person allowing any lot or piece of ground within the corporate limits of the City, on which there is a pond, pool or container of unwholesome, impure or offensive water, or is conductive to the breeding of mosquitoes, shall be deemed a nUlsance. SECTION XXVI. Impure or Unwholesome Wells or Cisterns Any person allowing any well or cistern on any property within the corporate limits of the City, whenever a chemical bacteriological analysis shows that the water of the well or cistern is of impure or unwholesome nature, shall be deemed a nuisance. SECTION XXVII. Wrecked, Junked or Inoperative Motor Vehicles No wrecked, junked, or otherwise inoperative motor vehicle shall be stored or parked on any premises except while awaiting repair not to exceed 90 days and except under cover of a permanent screening fence of masonry and/or solid wood " o ~ 71- 3 ~ - '""7 'H"'T Tnm,~' I, :' '1','c1 (/l;';' V'...).LJ U J.~ (u....J.-' J..t\ ,~: J I..l.-J 6()(J'''' c. n 1 val. (~, ~ p^~rutL.. (weather resistant redwood, cedar or equal) not less than six (6') feet in height. These provisions apply to garages located on corner lots, and screening shall be effective from the direction of any adjacent public street. SECTION XXVIII. Noise Any unreasonably loud, disturbing, unnecessary noise which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof is hereby declared to be a nuisance and is hereby prohibited. Any noise of such character, intensity and continued duration which substantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities is hereby declared to a nuisance and is hereby prohibited. The following acts, among others, are declared to be nuisances in violation of this section, but such enumerations shall not be deemed to be exclusive: (a) MUSICAL INSTRUMENTS: The playing of any radio, phonograph or other musical instrument in such manner of which such volume, particularly during the hours of ten o'clock p.m. and seven o'clock a.m. as to annoy or disturb the quiet, comfort or repose of persons of ordinary sensibilities in any dwelling, hotel or other type of residence. (b) LOUD-SPEAKERS AND AMPLIFIERS: The use of any stationary loud-speaker or amplifier of such intensity as to annoy and disturb persons of ordinary sensibilities in the immediate vicinity thereof; the use of any stationary loud-speaker or amplifier operated on any week day between the hours of ten thirty o'clock p.m. and seven f)- 1/- 3 ':-'~ r~" u_~~~..~." -/01 VOL 6~~02 PAGf 5b2 o'clock a.m. or at any time on Sunday. (c) ANIMALS AND BIRDS: The keeping of any animal or bird which, by causing frequent or long-con- tinued noise, shall disturb the comfort and re- pose of any person of ordinary sensibilities in the immediate vicinity. (d) HORNS OR OTHER SIGNAL DEVICES ON VEHICLES: The continued or frequent sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle except as a danger or warning signal; the creation by means of any such signal device of any unreasonably loud or harsh sound for any unnecessary and unreasonable period of time. (e) OPERATION OF VEHICLES: The running of any auto- mobile, motorcycle or other vehicle so out of repair, so loaded or in such manner as to create loud or unnecessary grating, grinding, jarring or rattling noise or vibrations. (f) STEAM WHISTLES: The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work, or as a warning of danger. (g) EXHAUST WITHOUT MUFFLERS: The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or boat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. (h) DEVICES OPERATED BY COMPRESSED AIR: The use of any mechanical device operated by compressed {)--ll- 3 r ,jQr VOL 6202 PAGL 6b3 air, unless the noise to be created is effectively muffled and reduced. (i) CONSTRUCTION WORK: The erection, including ex- cavation, demolition, alteration or repair work on any building other than between the hours of seven o'clock a.m. and six o'clock p.m. and on week days, except in case of urgent necessity in the interest of public safety and convenience, and then only by permit from the City Council, which permit may be renewed by the council during the time the emergency exists. (j) NEAR SCHOOLS AND HOSPITALS: The creation of any excessive noise on any street adjacent to any school or institution of learning while the same is in seSSlon or adjacent to any hospital which unreasonably interferes with the working of such institutions, provided conspicuous signs are displayed in such manner indicating that the same is a school or hospital street. (k) LOADING AND UNLOADING VEHICLES, ETC.: The creation of any loud and excessive noise in connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates and containers. (1) PEDDLERS, HAWKERS, ETC.: The raucous shouting and crying of peddlers, hawkers and vendors, which disturbs the peace and quite of the neighbor- hood. (m) USE OF DRUMS, ETC., TO ATTRACT ATTENTION: The use of any drum, loud-speaker or other instrument or device for the purpose of attracting attention, o~ 7/-3 VOL 6202 PAm,6tJ4 VaLID/IE fPAGEA by the creation of noise, to any performance, show or sale of merchandise. (n) SOUNDING OF SIRENS, ETC., ON VEHICLES: The sounding of any siren, horn or other signal device on any automobile, ambulance, truck, motorcycle, bus or other vehicle in the City, except as a danger or warning signal to persons or animals using the streets, sidewalks and public thoroughfares, shall constitute a vio- lation of this section. (0) RAILROADS: The blowing or sounding of any steam whistle, horn or signal device on any engine, locomotive car or vehicle adapted to the rails of a railroad in the City, except as a warning or a danger signal to persons or animals approaching, crossing or using the tracks of the railroad, shall constitute a violation of this section. SECTION XXIX. Abatement - Orderin Owner or Occu ant o Premises to A ate or Remove. Wherever any nuisance exists within the corporate limits of the City, the Chief of police department shall order the owner or occupant of the premises whereon such nuisance exists to abate or remove the same within such time as may be specified upon the order. SECTION XXX. Orders, Etc.,: Agalnst Owner If the owner or occupant fails, neglects or refuses to obey such order, under the provisions of the preceding section o ... 11'" 3 .-.-- VOLUMEL PAGE /tJ7 VOL 6~~O~2 PAGE 66rj of this chapter, or if the premises are unoccupied and the owner or his agent cannot be found, the chief of the police department shall abate or remove such nuisance and shall defray the expenses thereof out of any moneys in the city treasury available for such purposes. All expenses so incurred shall be charged against the owner and shall be a lien on the lot and premises whereupon such nuisance exists. SECTION XXXI. Same - Statement of Expenses to be Forwarded to City Attorney, Collection It shall be the duty of the chief of the police de- partment to forward to the City Attorney a wrtten statement of such expenditure by him, under the provisions of section XXX of this chapter, in carrying out the provisions of this section, and it shall be the duty of the City Attorney to proceed without delay to forclose such lien or otherwise compel the owner of such premises to repay the amount thereof to the City, together with all charges of collection. SECTION XXXII. and Show Cause Wh Extenslon 0 Time Whenever an order has been glven by the chief of the police department to abate or remove any nuisance that may exist upon any lost or premises, under the provision of section XXIX of this chapter, the owner thereof shall have the right, within the period of time given in the order for abatement, to appear at the office of the chief of the police department to show cause why such order should not or cannot be complied with, and the chief of the police department may, at his discretion, give such extension of time for the abatement or removal of such nuisance as may be necessary; provided, however, there is no immediate danger to the public health. ()~? 1-3 ---=-- vC):'Ui:rz_~_TAGE lOt VOL 6202 PACf 6b6 SECTION XXXIII. Power of Chief of Police and His Assistants to Make Arrests, Administer Oaths, Enter Premises, Etc. The chief of police and other regularly appointed employees of the police department shall have the right and power to arrest any person who may violate the rules, regulations, orders or requirements of the department, or any ordinance or general laws relating to the maintaining of the public health and sanitation of the City. They shall have the right to go upon the premises of citizens for the purpose of inspecting the conditions of the premises and for the purpose of enforcing the rules and regulations concerning the public health and the provisions of this code relating thereto or otherordinances that may be hereafter passed by the City Council. But in the exercise of this right the department and its employees shall act with good judgment and in a reasonable manner. SECTION XXXIV. Penalties Any person (defined to include partnerships, corp- orations, or association of persons) who 1S guilty of violating any of the terms, conditions and provisions of this Ordinance, and any person (defined as above) who fails, refuses, or neglects to obey the lawful orders and directions of the chief of police of the City in abating the nuisances herein defined and described shall be guilty of a misdemeanor and subject to a fine not more than $200.00 and each separate day of such violation shall con- stitute a separate offense. SECTION XXXV. Severabili ty If any section, sentence, clause or phrase of this Ordinance be declared unconstitutional for any reason, it shall not affect the constitutionality and the validity of any other D - 11-:3 VOL 62U2 PAG~ 667 V0L LTM'E -r l'AGE~ -- - section, sentence, clause or phrase, and the council declares that it would have passed all other sections, sentences, clauses or phrases of this Ordinance not withstanding the un- constitutionality or invalidity of any paragraph, section, sentence, clause or phrase hereof. SECTION XXXVI. Emergency Clause Due to the fact that the City of Colleyville does not now have a nuisance ordinance and the fact that the City has grown to a size where this ordinance is essential to the health and welfare of the City of Colleyville and the City Council feels that there is an urgent necessity for such ordinance for the protection of the citizens of Colleyville and declares such a state of emergency and hereby suspends all rules that would require two or more readings of this ordinance so that this ordinance shall be effective from and after passage and public- ation hereof. SECTION XXXVII. Effective Date This Ordinance shall be effective from and after passage and publication hereof. PASSED AND APPROVED this 11th day of May ".'.'::it.~7l. ~\.. t \' I :.~#I, 4 < .. ~"".;;,.. f>.:..>~'- "~'''-''.... .- ..~ .--/ // . //./, -Z, -/1 (--l~ A/4:a;;:;: /" , ~ FRANK L. WHITMIRE, Mayor ,- ATTEST: ') oJ . t,q APPROVED AS TO FORM AND LEGALITY: ~lfk~ IS M. 0 ROW, City Attorney VOL 62U2 PAGf. 668 , "lEO' fARRANT COUNT.Y. TEXA~ --"-1 STATE OF TEXAS COUNTY OF TARRANT I hereby certify that this instrument was mm all" t~ date and at the time starn ~ed hereon by me and was REC\)RDED in the VO!'lme and Page of the DEED R= of Tarrant County, Texas as stamped hereon by m.. MAR 29 1911 COUNTY CLERK IARRANJ CQUfflIa weAl ,," "i ~ \ ~ ~--;" rYJ ~ ~ '" ,~ ~'1~ ~ " ~ ~j