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Ord. 0181 08-28-69ORDINANCE NO. 181 .AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, DEFINING THE TERMS "GARBAGE", "TRASH", "PERSON", AND "CITY"; PRESCRIBING DUTIES OF OWNERS, OCCUPANTS, ETC. OF CANS OR CONTAINERS; SETTING OUT REQUIREMENTS AS TO CONTAINERS USED FOR GARBAGE AND TRASH; REQUIRING LIDS AND COVERS TO BE KEPT SECURED AND FASTENED EXCEPT WHEN IN ACTUAL USE; DESIGNATING THE PLACING OF GARBAGE AND TRASH CANS FOR COLLECTION; PRO- VIDING THAT TRASH NOT IN CONTAINERS WILL NOT BE COLLECTED; PROVIDING THAT OWNERS, OCCU- PANTS, ETC. , REDUCE SIZE OF LARGE, BULKY OBJECTS PLACED IN CONTAINERS; PROVIDING METHODS FOR DISPOSAL OF DEAD ANIMALS; PRO- VIDING FOR DISPOSITION OF WASTE FROM BUILDING OPERATIONS; PROVIDING FOR THE DISPOSITION OF WASTE FROM TREE TRIMMING OPERATIONS; PROVID- ING THAT COLLECTION, ETC., BE CARRIED ON IN A SYSTEMATIC AND EFFICIENT MANNER; REQUIRING OWNERS, OCCUPANTS, ETC. , TO SEE THAT CANS AND RECEPTACLES ARE EMPTIED AND THAT A REPORT BE MADE IF SAME ARE NOT EMPTIED; PROVIDING THAT GARBAGE AND TRASH MUST BE DRAINED BEFORE PLACING IN CAN OR RECEPTICALE AND THAT ANIMAL MATERIAL BE WRAPPED IN PAPER; PROVIDING FOR THE DISPOSITION OF INDUSTRIAL WASTE; PROVIDING DUTIES OF HEALTH OFFICER AS TO INSPECTION AND ENFORCEMENT OF ORDINANCE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING SEVERABILITY OF PARTS OF ORDINANCE; REPEALING ALL ORDI- NANCES THAT CONFLICT HEREWITH AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS: Section I. DEFINITIONS: The following words when used in this ordinance shall have the meanings ascribed to them in this section: (a) Garbage - The term "garbage" shall be held to mean all animal and vegetable matter, rubbish, kitchen and household waste, but not to include dirt, concrete, tile, plaster, rocks and other such substances. (b) Trash - The term "trash" shall mean rubbish, such as feathers, coffee grounds, ashes, tin cans, paper bags, boxes, glass, newspapers, magazines, and such other paper products, grass, shrubs, flowers, yard cleanings, tree trimmings, not to include dirt, concrete, tile, plaster, rocks and other such substances, and including hand bills except when such hand bills are distributed in a manner prescribed by the City Council and with written permission by the City Administrator certifying conformity with the outlined requirements of the City Council. (c) Person - The word "person" shall include both singular and plural and shall mean and embrace any person, firm, corporation or partnership or other legal entity, their agents, servants, tenants and employees. (d) City - The word "city" when used in this ordinance shall mean the City of Pearland, Brazoria County, Texas. (e) City Health Officer - The term "City Health Officer" as used herein shall mean the City Health Officer of the City of Pearland, Texas, or his duly authorized agent. (f) Pronouns - Pronouns in the masculine gender shall include the corresponding words in the feminine or neuter gender. Section IL Every Owner, occupant, tenant or lessee using or occupying any building, house, or structure within the corporate limits of the City, for residence, schools, churches, _lodges, commercial, industrial, business or other-puritases, shall provide and maintain garbage cand and:receptacles of sufficient number and type as hereinafter specified, to hold the garbage and trash that will normally accumulate on the premises. Section III. Each of such owners, occupants, tenants or lessees described in the preceding section of this ordinance shall provide an adequate number of suitable metal containers, or of other suitable material approved by the City Administrator, for garbage and trash which must be substantially constructed, water tight, and of a solid and durable grade of metal or other synthetic material of not less than twenty (20) nor more than thirty- two (32) gallons capacity. And the combined weight of the container and the contents shall not exceed one hundred (100) pounds. The container shall be provided with suitable lifting handles on the outside and a close fitting metal or other approved cover equipped with a handle. The container must not have any inside structures, such as inside bands or reinforcing angles or anything within the container to prevent the free discharge of the contents. Containers that have deteriorated, or that have been damaged to the extent of having jagged or sharp edges capable of causing injury to city collectors, or other persons whose duty it is to handle the containers, are to such an extent that the covers will not fit securely, will be condemned by the City, acting through its Health Officer or its duly authorized representatives, and if such containers are not replaced after notice to the owner or user of their defective condition, they shall be confiscated. Section IV. The lids or covers of all garbage and trash containers shall at all times be kept secure and fastened so that flies and other insects may not have access to the contents thereof. Such lids or covers shall only be re- moved while the containers or receptacles are being filled or emptied, as the case may be. Section V. If the house, building or premises from which the garbage and trash is to be collected and removed is adjacent to an alley, the owner, occupant, or lessee of such premises shall be required to place the containers adjacent to the alley for collection, in order that they may be easily accessible to the collector from the outside of any fence that may surround the premises. In the event it is not practicable to collect and remove garbage add trash from an alley, or if there is no alley adjacent to the premises, the owner, occupant, tenant or lessee of the premises, shall place the container for collection so -2- that the collector shall not be required to go more than twenty (20) feet beyond the collection vehicle for the purposes of collection; nor shall the collector be required to service containers situated within a fence unless such containers can be easily removed by the collector without going inside of such fenced area. In no event shall the collector be required to enter buildings, garages, breezeways, carports or other structures to make collection. No container shall be placed for storage at a point nearer the street than the front of each principal building, house, dwelling unit or structure concerned. In the event it is not practical to place the containers for collection as above specified, the Director of Public Works and/or the City Administrator shall determine the location of the container. Section VI, In the event trash is of such a nature that it cannot be put in the regulation containers, it shall be placed in disposable containers or in neat and orderly piles, and placed adjacent to the alley or on the edge of the alley, or on the curbline, in order that it may be removed conveniently. Tree limbs and hedge clippings shall not exceed four (4) feet in length and no single tree limb, stumps, or cuttings, shall exceed one hundred (100) pounds each. Trash collected under this Section shall not exceed two (2) cubic yards by volume on any one collection day. Provided, however, that it shall be unlawful for any person to place trash in any alley or street so as to obstruct or hamper vehicular or pedestrian traffic. Section VII. Every owner, occupant, tenant or lessee using or occupying any building, house or structure within the corporate limits of the City for residences, churches, schools, lodges, commercial, industrial, business or other purposes, which is served by trash and garbage collection recep- tacles provided by the City shall be required to use the receptacles or con- tainers for such purposes. Provided, however, that such persons served by a city receptacle or container furnished by the city may use additional containers if the need for such containers or receptacles is shown. Section VIII. Every owner, occupant, tenant or lessee using or occupying any building, house or structure within the corporate limits of the City for residences, churches, schools, lodges, commercial, business or other purposes which is served for trash and garbage collection service by a receptacle or container provided by the City shall be required to first re- duce the size of any bulky object before placing it in the city container or receptacle for disposal. Bulky objects shall include, but not be limited to cardboard boxes, paper containers, wooden boxes and crates, and other objects larger than eighteen (18) inches in width or depth and eighteen (18) inches in height. Section DC. Dogs, cats, or other dead animals shall not be placed in garbage or trash containers. The dead animal pick-up service of the City will, upon notice to do so, remove such small dead animals; with the exception that the City will not be responsible for the pick-up of heavy domestic animals such as cows, horses, sheep, goats, etc. -3- Section X. Rocks, dirt, concrete, brick, tile, plaster, waste, scrap building materials, and other trash resulting from construction or major remodeling; resulting from a general cleanup of vacant or improved property just prior to its occupancy; or resulting from sizable amounts of trees, brush and debris, cleared from property in preparation for construction, will not be removed by the City as regular service. The owner will have such debris removed at his expense. Section XI. It shall be the duty of any person employing, engaging, or otherwise paying a contractor, sub -contractor, agent, professional tree trimmer, or any other person, to trim and prune his trees or shrubs to have the trim- mings and debris removed at the owner's expense. The City will not re- move trimmings and debris created by such persons as regular service. Section XII. The collection, removal, and disposal of all garbage and trash shall be made at least twice each week from houses, buildings and premises used for residential purposes and certain types of places of business as weather conditions and other uncontrollable factors will permit. The collection, removal and disposal of all garbage and trash shall be made daily Monday through Friday from eertain types of places of business as weather condi- tions and other uncontrollable factors will permit. Such collection, removal and disposal of garbage and trash shall be carried on in a systematic and efficient manner, keeping the City in a clean and sanitary condition. Section XIII. Every owner, occupant, tenant, or lessee of a house or building used for residential, public, business, or commercial purposes is required to maintain constant supervision and surveillance over the garbage and trash cans and receptacles servicing his premises. If the cans or receptacles are not emptied and the contents removed by an agent or representative of the City or other duly authorized person for a period of seven (7) days, he must notify the City Administrator of the City of this fact within three (3) days. Section XIV. All garbage and trash that is mixed with water or other liquid shall be thoroughly drained before being put in garbage and trash cans or recep- tacles for collection. All animal matter that is subject to decomposition shall be well wrapped in paper or other combustible material before being deposited in such container or receptacle. Section XV. Industrial wastes resulting from manufacturing or processing opera- tions including wastes from fruit and vegetable produce houses, poultry dressing establishments, meat processing and meat packing plants must be disposed of by the owner or occupant of the building, business or premises where such wastes originate. The director of public works shall determine what wastes fall within the above industrial classification. Section XVI. In addition to the usual enforcement agencies of the City, it is hereby the duty of the City Health Officer or his authorized representative to make inspection trips at regular intervals to determine whether or not garbage and trash is being properly collected, removed and disposed of as required by the provisions of this ordinance or any other applicable ordinance. In the event it is found that this ordinance or any other applicable ordinance is being violated, appropriate and timely action shall be taken to insure full compliance with its provisions. Section XVIL Any person who shall violate any of the Provisions of this ordinance shall be deemed guilty of misdemeanor and upon conviction thereof in the Municipal Court of the City shall be fined in any sum not exceeding Two Hundred ($200.00) Dollars and each offense and each day such violation continues shall constitute a separate offense. Section XVIII. This ordinance shall be effective and be in full force and effect after its passage and publication in the official newspaper of the City of Pearland, all in accordance with the laws of the State of Texas. Section XIX. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section XX. It is hereby declared to be the intention of the City Council of the City of Pearland that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or contravene superior law by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance since the same would have been enacted by the City Council without the incorporation in the ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph, or section. PASSED AND APPROVED at a regular meeting of the City Council of the City of Pearland, at which meeting /aquorum was present, on the first and final reading, the art day of LLcc 2� , 1969. Attest: -5- AFFIDAVIT OF PUBLICATION THE STATE OF TEXAS ) COUNTY OF BRAZORIA BEFORE ME, the undersigned authority, a Notary Public in and for said State and County, on this day personally appeared It, W. Storrs , being known to me, and being by me first duly sworn, upon his oath deposes and says: that he is the editor -publisher of TRI-COUNTY SUN PRO- GRESS, a newspaper of general circulation published in Brazoria County, Texas: that a copy of the attached notice was published in the English language in said newspaper on the following dates: Sept, 4,..1969 , 196 196 196 196 , 196 , 196 A copy of such notice being attached hereto and expressly made a part of this affidavit of publisher or other duly authorized person. TRI-COUNTY SUN PROGRESS BY: Editor -Publisher, Tri-County Sun Progress SWORN TO AND SUBSCRIBED before me by the said A. W. Storrs , editor -publisher of Tri-County Sun Progress, on this the 4th day of Septemkter , to certify which witness my hand and seal of office. L. S. Notary Public in and for Brazoria County, Texas I� aris E. Storrs My commission expires June 1, 1971 • Printer's Fee:.13...f.S AMC ORDINANCE NO. 181 AN ORDINANCE OF THE CITY OF PEARLAND,. TEXAS, DEFINING THE TERMS " GARBAGE", •-TRASH", "PERSON". AND "CTTT"; PRESCRIBING DU- TIES OF OWNERS, OCCU- PANTS, ETC. OF CANS OR OONTAINERS:SE117NG OUT REQUIREMENTS ASTOCON- TAINERS USED FOR GAR- BAGE AND TRASH: RE• QUIRING LIDS AND COV- ERS TO BE KEPT SECURED AND FASTENED EXCEPT WHEN IN ACTUAL. USE; DESIGNATING THE PLACING OF GARBAGE AND TRASH CANS FOR COLLECTION; PROVIDING THAT TRASH NOT IN CONTAINERS WILL NOT BE COLLECTED; PRO- VIDING THAT OWNERS, OC- CUPANTS, ETC., REDUCE SIZE OF LARGE, BULKYOB- JECTS PLACED IN CON- TAINERS; PROVIDING METHODS FOR DISPOSAL OF DEAD ANIMALS; PROVIDING FORDIS-• •N• may;- 1 •••": - IT • Noe WASTE - TREE TRD.Q UNG O- PERATIONS; PROVIDING 1 THAT COLLECTIONS, ETC., BE CARRIED ON IN A SYS- TEMATIC AND EFFICIENT MANNER; REQUIRING OWN- ' ERS, OCCUPANTS, ETC., TO SEE THAT CANS AND RE- CEPTACLES ARE EMPTIED AND THAT A REPORT BE MADE IF SAME ARE NOT EMPTIED; PROVIDINGTHAT GARBAGE AND TRASH MUST BE DRAINED BEFORE -PLACING IN CAN ORRECEP- TACI.E AND THAT ANIMAL MATERIAL BE WRAPPED IN PArnk; PfOViuirK,tOR THE DISPOSITION OF IN- DUSTRIAL WASTE; PRO- VIDING DUTIES OF HEALTH OFFICER ASTO INSPECT/ON AND ENFORCEMENTOFOR- DINANCE; PROVIDING A PENALTY; PROVIDING FOR PUBUCATTON; AND FRO- VmING 8EVERADI rr! OF PARTS P � ACES THAT CONFLICTIEREWEIN AND DECLARING AN EMiR- GENCT. • - PASSED AND APPROVED at a :tiger meetly et es Qty Cameo Cthr d yet Penland, at *deb 9eomm trn..preseat,.ya first sad Heal readies. the d+7p*AW..Hs. :, .__` h/D. R. Ket>ei; . • f!