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