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HomeMy WebLinkAboutOrdinance 0461 ORDINANCE NO. 461 NUISANCES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1.00 DEFINITIONS: Whatever is dangerous to human life or health; whatever renders the ground, the water, the air, or any food or drink unwholesome or a hazard to human life and health is hereby declared to be a nuisance. PUBLIC THOROUGHFARE shall mean any street, alley, sidewalk, gutter, or other public grounds to which the public has free access and free use. ABA TEMENT, ABA TED, shall mean the doing away with, removing, or correcting the cause of nuisances. ABA TEMENT, ABA TED, shall mean the doing away with, removing, or correcting the cause of nuisances. OCCUPIED BUILDING shall mean a building occupied by any person other than the owner or person in charge of the animal or animals alleged to constitute a nuisance. SECTION 2.00 SPECIFIC NUISANCES: The following are declared to be nuisances and shall be abated, and any person guilty of performing any of the acts herein set out, or of causing any such nuisances, or of permitting or suffering any of them to remain upon his premises, or in any building occupied by or controlled by him, or on any public thoroughfare immediately adjacent to such premises shall, upon conviction thereof, be fixed as hereinafter provided. 2.01 Any building, structure, or basement, or anypart thereof used to house people or in which people work, which is over- crowded, or has inadequate means of ingress and egress, or is insufficiently supported, ventilated, drained, cleaned, or lighted. 2.02 All cellars, vaults, drains, pools, sewers, pnVIes, yards, grounds, or premises which have for any cause become foul, nauseous of offensive or injurious to the health, or unpleasant to persons in adjacent residences, or to persons passing such premises. 2.03 All markets, laundries, stores or other buildings or places which are not preserved clean and free from filthy and unwholesome substances and odors. 2.04 Every trade, business or occupation injurious to the health or comfort of persons who reside in the vicinity where such trade, business or occupation is carried on. 2.05 All lots or receptacles containing water allowed to become stagnate or offensive or unwholesome from any cause. 2.06 All deposits or substances that are offensive or liable to engender disease; any nauseous, foul or putrid discharged, placed, thrown or conducted into or upon any public thorough- fare, all carcasses, all decaying flesh, fish, fowls, fruit or vegetation, all deposits or manure, all flesh of any kind or description whatsoever when thrown upon or conducted into or upon any public thoroughfare or enclosure in such manner as to render such substances unwholesome and offensive or liable to become unwholesome or offensive. 2.07 All filthy or offensive water or slops in any private yard or premises when permitted to become offensive to the public. 2.08 Any unwholesome food, liquor or adulterated medicine. 2.09 All cattle, horses or hogpens, stables or enclosed area in which any cattle, horses or hogs may be confined which may, from use become offensive. In this respect the stabling, pas- turing, or keeping of any horse, cow, cattle, sheep, or goat within 100 feet of any residence or occupied building, or of any hog or hogs within 500 feet of any residence or occupied build- ing, shall constitute a nuisance. 2.10 Any granaries, barns, elevators or other premises where rats and vermine breed or are harbored. 2.11 Any article or substance placed upon any public thor- oughfare, except such articles as are permitted by provisions of this Code, in such manner as to obstruct the free passage upon such thoroughfare. 2.12 The act of depositing any filth, or any foul, offensive, nauseous or injurious substance upon any public thoroughfare or other public place. 2.13 The act of sweeping or depositing any trash, paper, or rubbish into any public thoroughfare or other public place and allowing the same to remain in such place longer than six (6) hours. 2.14 The act of burning any hair, leather, rags, or any other substance of any kind which may cause or produce an offensive smell, smoke or odor capable of annoying persons living in the vicinity of such fire, or persons passing along the public thoroughfare. 2.15 The act of defecating or urinating upon any public thoroughfare, or at any place which may be seen from a private residence, or by persons passing along the public thorough- fare. 2.16 The act of keeping, raising, possessing, or having in or about the premises, except within enclosures, any pigeons with the intent to keep, raise or breed same. 2.17 The act of allowing any weeds, filth or rubbish of any kind to remain on any sidewalk in front of or at the side of any premises owned by such person; or in the street to the middle thereof; or in front or at the side of any premises thereof owned or controlled by such person; or upon any alley to the middle thereof that may be at the rear or side of any lots owned or controlled by such person. 2.18 The act of expectorating mucous, or saliva, or saliva mixed with tabacco, or secretions from the nose or air passages, or the remains of any chewed or partly chewed tabacco or snuff, or the remnant of any partially chewed or smoke cigar upon any sidewalk, upon the floor of any public building, street car, or public vehicle. 2.19 The act of hauling, carrying or transporting any meat of slaughtered animals or fish through the streets of the City without having the same entirely covered, screened and protect- ed from dust and public view. 2.20 The act of scattering or distributing any advertisements, circulars, handbills, printed or written announcement, or paper of like character, or of any medicines upon the public thor- oughfares or within public buildings or grounds with the City. 2.21 The act of the owners or possessors of any animal which may die within the City Limits to fail to have the carcass of same removed to the reduction plant within eighteen (18) hours after death of said animal. 2.22 The act of throwing from any opening in, or carrying' from any dwelling or place of abode, any night soil, feces, urine, or upon adjacent property without the consent of the owner. 2.23 The act of conducting, or causing to be conducted into any alley or gutter, waste water from any sink, tank or other source of water supply in such manner as to produce any pool or pools of stagnant water in said alley or gutter. 2.24 The act of dumping upon and removing from any public thoroughfare any coal or like material in a dry state, in such manner than annoying or offensive dust is generated from such materials; the act of leaving any coal dust or like materials upon such thoroughfares at or near the place where such coal or material was deposited or from which it was removed. l (b) LOUD-SPEAKERS AND AMPLIFIERS: The continued use of, after warning, 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 oper- ated on any week day between the hours of ten thirty o'clock p.m. and seven 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-continued noise, shall disturb the comfort and repose 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 automobile, motorcycle or other vehicle so out of repair, so loaded or in such a manner as to create loud or unneces- sary granting, 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 air, unless the noise to be created is effectively muffled and reduced; (i) 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 session 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; 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'-"_,..__.'____ _0.. ,.. _...._ 2.25 The act of throwing any discarded glassware, tinware, queensware, crockery, or other rubbish upon the public thor- oughfares. 2.26 The act of allowing any privy to become dilapidated or out of repair so that any person within or the contents thereof may be exposed to view, the act of constructing or keeping on the premises any privy, the contents of which are exposed to view, or which can be seen from any public thoroughfare; the act of discharging or causing to be discharged, the contents of such privy into any public thoroughfare or other public place, or upon premises belonging to another person. 2.27 The act of throwing or depositing any filth, substance or thing into any private well or cistern. 2.28 The act of erecting or maintaining a building or structure the roof or eaves of which project beyond the property line or shed water upon any property other than belonging to the owner of such structure or building. 2.29 Any chicken or other fowl, including hens, chicks, roosters, both singular and plural, in the City within 50 feet of any residence or inhabited building. 2.30 Any material or substance which is offensive or tends to decay, to become putrid, to render the atmosphere impure or unwholesome, to provide harborage for rats, or otherwise con- stitute a fire or safety hazard. 2.31 Any wrecked, junked, or otherwise inoperative motor vehicle, except while awaiting repair not to exceed 90 days or except under cover of a permanent screening fence of masonry and/or solid wood (weather resistant redwood, cedar or equal) not less than six (6) feet in height, from all directions. 2.32 Any unreasonably loud, disturbing, unnecessary noise which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. Any noise of such character, intensity and continued duration which substantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities. 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 continued playing after warning of any radio, phonograph or other musical instru- ment in a manner by which the volume, particularly during the hours of ten o'clock p.m. and seven o'clock a.m. annoys or disturbs the quiet, comfort or repose of persons of ordinary sensibilities in any dwelling, hotel or other type of residences; CD LOADING AND UNL~ADING 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; (k) PEDDLERS, HAWKERS, ETC.: The raucous shouting and crying of peddlers, hawkers and vendors, which disturbs the peace and quiet of the neighborhood; (1) 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. (m) 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; or Cn) 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. 2.34 Ca) Grass, weeds or any plant that is not cultivated to grow to a greater height than twelve inches (12") on an average or to grow in rank profusion upon any lot, tract or parcel of land, provided however, with respect to lots, tracts or parcels of land of two or more acres under single ownership, the provisions of this section shall not be applicable to the area of agriculturally zoned property in excess of twenty five (25') feet of an intersection. (b) Grass, weeds or any plant that is not cultivated to grow in rank profusion, or otherwise in, along, upon, or across the sidewalk or street adjacent to same in the area of ten feet (10') beyond the property line to a height greater than twelve inches (12") on an average. 2.35 (a) It shall be the duty of any person firm, corporation, partnership, association of persons, owner, agent, occupant or anyone having supervision or control of any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the corporate limits of the City of North Richland Hills to cut, or cause to be cut and remove or cause to be removed, if neces- sary, to comply with Section 2.34 of this ordinance, all such grass, weeds, plants, rubbish, brush, and any and all other objectionable, unsightly or unsanitary matter of whatever nature as often as may be necessary to comply with the provisions of Section 2.34 of this ordinance. (b) In the event that the owner of any lot, tract, parcel of land or a portion thereof situated with the corporate limits of the City of North Richland Hills shall fail to comply with Section 2.35 (a) of this ordinance then the Street and Inspections Supervisor of the Public Works Department of the City of North Richland Hills may notify by letter, such owner, addressed to him at this post office address, or by publication as many as two times within then consecutive days in the official newspaper if personal service may not be had as aforesaid, or the owner's address be not known, of said owner's failure to comply with Section 2.35 (a) of this ordinance and at the expira- tion of ten days after notification, the City of North Richland Hills may enter upon such premises and may do such work as necessary, or cause the same to be done, in order that the premises may comply with the requirements set forth in Section 2.35 (a). A statement of the cost incurred by the City of North Richland Hills to abate such condition shall be mailed to the owner of said premises, which statement shall be paid within thirty (30) days of the date of the mailing thereof. In the event that said statement has not been paid within such period, the Mayor of the City of North Richland Hills may file a statement with the County Clerk of Tarrant County of the expenses incurred to abate such condition on said premises, and the City of North Richland Hills shall have a privilege lien on any lot, tract, or parcel of land upon which such expenses is incurred second only to tax liens, together with six percent (6%) on the delinquent amount from the date such payment is due. For any such expenditure and interest, as aforesaid, suit may be instituted and recovery and foreclosure had in the name of the City of North Richland Hills and the statement so made, as aforesaid, or a copy thereof shall be prima facia proof of the amount expended in any such work performed by the City of North Richland Hills. SECTION 3.00 OTHER NUISANCES: Any other act or thing done or suffered within the City Limits which may interfere with the enjoyment by any member or members of the com- munity, or by any person to be free from foul, noxious or offensive or unpleasant odors or vapors, and to breathe fresh air and to be free from the sight of foul or offensive objects and substances. SECTION 4.00 IMPROVEMENTS; EXPENSE: (As amended by Ordinance 973) In the event the owner of such property, or the person responsible for such nuisances, shall fail or refuse to comply with the provisions of this ordinance within ten (10) days after notice to do so, the City may abate such nuisance, or cause the same to be done, and make payment there- for, except that only one (1) ten (10) day notice per calendar year will be required for the violations listed in Sections 2.34 and 2.35 unless ownership of the property changes. The expenses incurred in so doing or having such work done, or such improvement made, shall be charge- able to the owner of such property or the person responsible for such nuisance, and such charge shall be a personal liability of such owner or person to the City. Said notice may be in writing, served upon such owner or person in person by an officer or employee of the City, or it may be by letter addressed to such owner or person at his post office address. Or, if personal service may not be had as aforesaid, or if the owner's address is unknown, notice may be given by publishing a brief summary of said order as many as two (2) times within ten (10) consecu- tive days in some newspaper of general circulation in the City addressed as "Sanitary Improvements", "To Whom It May Concern", and such publica- tion shall be deemed sufficient notice. SECTION 5. 00 REMOVAL OF NUISANCES: In all cases arising under the provisions of this Chapter, whenever it shall appear to the court that the nuisance continues at the time of the conviction, the court shall order and adjudge, removal or abatement or destruction of the same, as the case may require, and shall issue a separate warrant therefor. The court shall inquire into the probably cost of such removal, abatement or destruction, and tax the cost against the defendant, with the provision that the same may be remitted if the defendant removes, abates or destroys such nuisance without the inter- ference of the Chief of Police or Policeman, such cost, in case the warrant be executed by the Chief of Police or Policeman, shall be taxed and collected as other costs in the case. Upon the conviction of a defendant for obstructing the free use of any public thoroughfare with the City, if such obstruction shall still exist, the court shall order the Chief of Police to remove or abate the same at the expense of the defendant, which cost shall be taxed and collected as other costs in the case. SECTION 6.00 ANIMAL CARCASS: Whenever any carcass of any dead animal or other offensive substances injurious to the health of the public or of persons in its vicinity, is found in any place within the City for the removal or abatement of which no person can be held liable, it shall be the duty of the Chief of Police to remove or abate the same at the expense of the City. SECTION 7.00 FIREWORKS: The following shall constitute a nuisance when allowed, maintained, or suffered to exist within the Corporate Limits of the City and for a distance of five thousand feet (5,000') from such Corporate Limits and the person or persons guilty of causing such nuisance to exist shall be fined as hereinafter provided: 7.01 The manufacture of fireworks within the Corporate Limits of the City or in five thousand feet (5,0001) thereof. 7.02 The storing of fireworks within the City or in five thousand feet (5,000') from its Corporate Limits. 7.03 The transporting of fireworks within the City or in five thousand feet (5,000') from its Corporate Limits except such transportation as may be Interstate Commerce. 7 . 04 Offering for sale, storing, keeping for purposes of sale of fireworks within the Corporate Limits of the City or in five thousand feet (5,0001) from the Corporate Limits thereof. Fireworks for the purpose of this chapter shall be held to mean any sparkler, rocket, fire cracker, Roman Candle, torpedo or any other substance in whatever combination used to obtain a visible or audible pyrotechnic display and shall include all articles or substances with the commonly accepted meaning of the word "fireworks". SECTION 8.00 PENALTY: Any person violating any of the proVIsIOns of this Chapter, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not in excess of two hundred dollars ($200.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues after notice from the Chief of Police to remove or abate the same. SECTION 9.00 If any section, subsection, clause, sentence, phrase or word of this ordinance is for any reason held void or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining sections, subsections, clauses, sentences, phrases or words except as the same are inseparable from and indispensable to the remain- ing portions of the ordinance. SECTION 10.00 This ordinance shall be cumulative of all other ordinances of the City of North Richland Hills relating to the subject matter hereof except where such ordinances or parts thereof are in conflict with the provisions of this ordinance, in which event, such ordinances or parts of ordinances so conflicting are hereby expressly repealed. SECTION 11.00 This ordinance shall take effect and be in full force and effect from and after the date of its passage and publication as provided by law. "-'-. -. '... ' , ~..~ ~'?$# / .- . ... ~ ", - . -:_,,- . !~ . .: ~':'., ::..~. '.- ........: - ,;." . ~. -:: .',. . ~ ~.. .' ..... .,'" ; ~. .. .:.",,~-- _.q9 . -\ .' \. '. . .',". '.- :,- . .... : '.' .... . .., . ._:, - :~:'- . , .. ' ~~ ~ , ( April ..' '. PJI.SSED AND APPROVED thi s 9th day of ~ . ! . ~ I . . I, \ t ¡ , . \ I . I . .'..... " . '. .". /' .' . . .' . : . ~ : .' . ~ 1973.' ; .', I," , " /" .. ..' ....~.»<... . . /.} .... ),\\: 'I .,., \ , '--4\\\"'\'- ATTEST: ~) I1M~ DONNA PAIRSH, CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: ~. . :3;:m ~41/ . TIn TRUNArI, CrTY AïTOKI\;EY ;: . . . <2~tl~' ~ /' ?'filJ¿~~JlfL/4-ë)-J-' HARrON L. f/:ASSEY, f/iAy-oR ~ . ( ) CITY OF NORTH RICHLAND HILLS:> TEY.b6 ..., ., . . ~1~~~~tàV'r~~M(ß;,~__."S""~~;:;>::\.W;>:".i.."-1'~:t~.:o-"t~:::'--~~~,,,,~~,,~;?:--'...~.t;;_",......r~~"""'-,,,,,,,,,,,,,,,,,, ~--'l.' ~'!-..... ..'''''~'''''''~~~~J.-... .,.~. ),.....,......i!4Þ·/.. . -' ~ -~,....~. ..... .- . - LEGAL AFFIDAVIT THE STATE OF TEXAS: COUNTY OF Tarrant Before me, the undersigned authority on this day personally Eleanor Lewis appeared known to me to be a credible person. who first being sworn, deposed and upon her oath said: That she is theBookkeeper of the. Mid Cities Dail~, l\ifH~wspaper which has been regularly and continuously published and of general Hurst circulaticm in the City/Town of , for a period of more than one year next preceding the first publication of the attached Legal Notices and that he caused said notice to be published in said newspaper on the following date/so 4/22/73 That the attached is a true and correct copy of said notice as pub- Mid Cities Daily News Hshed on said date/s in said. !k~/~ Sworn to and subscribed before me, this the 2n~ay of~, 19 1l.. ~ ù:(;. ~ N~ai~C. Tarrant County, ~11 Texas ~' ORDINANCE NO. 481 AN ORDINANCE DEFINING A NUISANCE, IN GENERAL, TO BE ANYTHING DANGER· OUS TO LIFE OR HEALTH, OR WHICH RENDERS THE GROUND, WATER, AIR, FOOD, OR DRINK UN- WHOLESOME OR A HAZARD TO HUMAN LIFE AND HEALTH, DEFINING PUBLIC THOROUGHFARE, ~ATE· MEN'.l',ABATED, AND occu- PIED BUILDING; ENUMER- ATING AND DESIGNATING CERTAIN SPECIFIC NUIS- ANCES; AND PRESCRIBING A PENALTY QF FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($9.00) FOR CONVICTION OF ANY' PROVISION OF SUCH ORDI· NANCE, AND MAKING EACH DAY ON WHICH A VIOLA- TION OCCURS A SEPARATE OFFENSE. PASSED AND APPROVED this 9th day of April, 1973, -s-MARION L, MASSEY, MAYOR CITY OF NORTH RICHLAND ATTEST: HILLS, TEXAS ' -s-DONNA P AIRSH, CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: -s-TIM TRUMAN, CITY AT· TORNEY MCDN LEGAL NO. 7445 PUB 4-22·73 Form -- 110 - .. -. -,- . LEGAL AFFIDAVIT THE STATE OF TEXAS: A'M'ACH LEGAL COpy HERE COUNTY OF TARRANT: Before me, the undersigned authority on this day personally appeared E~'eAnor Lewis known to me to be a credible person. who first being sworn, deposed and upon her oath said: Bookkeeper That she is the Mid Cities Daily News of the , a newspaper which has been regularly and continuously published and of general circulatiotl in the City/Town of Hurst , for a period of more than one year next preceding the first publication of the attached Legal Nottce and that he caused said notice to be published in said newspaper on the following date/so 4/22/73 4/25/73 That the attached is a true and correct copy of said notice as pub- lished on said date/s in said Mili Cit.iM D;:¡::I1v News r~~,¿~· 2nd May Sworn to and subscribed before me, this the_day of_, 197L Public, Tarré11t County, Texas Form -- 110 ORDINANCE NO. 461 -s-MARION L. MASSEY, AN ÒRDINANCE DEFINING MAYOR A NUISANCE,.IN GENERAL, CITY OF NORTH RlCHLAND TO BE ANYTHING DANGER- ' HILLS, TEXAS OUSTO UFEORHEALTH, ATTEST: OR. .. WflIdH RENDERS' THE -s-DONNA P AIRsH, CITY . GRQUND, WATER, AIR, SECRETARY FOOD, OR DRINK. UN-APPROVED . AS TO FORM . WHOLESOME OR A HAZARD AND LEGALITY: TO HUMAN LIFE AND -s-TIM TRUMAN, CITY AT- HEALTH, DEFINING PUBUC TORNEY THOROUGHFARE, ~ATE- MCDN LEGAL NO. 7445 MEN'J',ABATED, AND' OCCU- PUB 4-22-73 PIED ButLl>ING: ENUMER- ATING AND .DESIGNATING . CERTAIN SPECIFIC' NUIS- ANCES; AND PRESCRIBING A PENALTY OF FINE NòT TO EXCEED TWO HUNDRED DOLLARS ($æO.oo) FOR CONVICTION OF ANY PROVISIoN OF SUCH ORDI- NANCE, AND MAKING.EACH DAY ON· WHICH A VIOLA- TION OCCURS A SEPARATE ~~E~E'AND ¡'APPROVED this 9th day of April, 19'13. <-. ...