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HomeMy WebLinkAboutOrdinance 0069 ORD I NANCE NO. t: 7 AN ORDINANCE DEFINING NUISANCES GENERALLY AND PARTICULARLY, PRESCRIBING REGULATIONS, PROVIDING FOR ABATEMENT AND FIXING PENALTIES Be it executed by the City Counc i 1 of the City :)f North Richland Hills, Texas: S E C . 1. GE N ERA L DE FIN I T ION. Whatever is dangerous to human life or health, what- ever renders the ground, the water, the air or food a hazard or injury 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 others, each and all of them hereby declared to be nuisances and prohibited and made unlawful. SEC. 2. DEFINITION OF IIFILTHY ASH HEAPS," "RUBBISH" AND "GAR- BAGE." Th e w or d s II f i 1 thy ash he a p s ," w hen eve r us e din t his 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, of which accumulates from bui ldings, 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. SEC. 3. DEFINITION OF "TENEMENT HOUSE," "LODGINGHOUSE," "BOARDINGHOUSE" AND "CELLAR." 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 - 2 - 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 cooRing, 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 1 e t to any pers on to sleep in for any term less than one wee k. " A tlboardingl1ouse" 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. SEC. 4. 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, or any place within the corporate limits of the city in which manure or liquid discharges of 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 sani- tary condition so that no offensive 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. - 3 - SEC. 5. PIG PENS, LOTS, STABLES, ETC. All pig pens, lots, stables, yards, sheds or sties in which pigs are kept 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. SEC. 6. KEEPING HOGS WITHIN FIVE HUNDRED FEET OF RESIDENCES. The keeping or maintaining of any hogs within five hundred feet of any residence is hereby declared to be a nui- sance. SEC. 7. DOG KENNELS WITHIN THREE HUNDRED FEET OF RESIDENCES. Any dog kennels or other places where dogs are raised or boarded within three hundred feet of any residence Is hereby declared a nuisance. SEC. 8. KEEPING HORSES, CATTLE, SHEEP, GOATS, ETC., WITHIN ONE HUNDRED FEET OF OCCUPIED BUILDINGS. The stabling, pasturing or keeping of any horse, cow, cattle, sheep or goat withrn one hundred feet of any occupied building shall constitute a nuisance. The term "occupied building,fT as used in this sec- tion, 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. SEC. 9. KEEPING CHICKENS OR OTHER FOWL WITHIN FIFTY FEET OF RESIDENCES, ETC. The 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. Th e t e r m II chi c ken s ," w hen use din t his s e c t ion, s h all mean chickens, hens, chicks, roosters or other fowl, both singular and plural. SEC. 10. 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 liouid waste from stables, swill, - 4 - water from privy vaults, water from sinks, waste water, or any foul or nauseous liquid waste of any kind whatever, shall be deemed guilty of a misdemeanor. SEC. 11. ACCUMULATION OF UNSOUND MEAT, DECAYED VEGETABLES, RUBBISH, ETC. Any person either as owner, agent, lessee or occu- pant 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 fi 1th 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 gui lty of a misdemeanor. SEC. 12. LIABILITY OF OWNER OR AGENT RENTING BUILDINGS FOR CONDITION OF HALLS, YARDS, WATER CLOSETS,.ETC.- GENERALLY. Whenever any owner or agent of any bui lding 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 fami lies living independent of one another, or a building to different persons for stores and offices in such bui lding, giving to each family or person the common right to halls, yards, water closets or privies, or some of them, then such owner or 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 occu- pants, owner or agent of the premises, or either or all of such parties. SEC. 13. SAME - LIABILITY NOT TO ATTACH UNLESS BUILDINGS ARE RENTED TO DIFFERENT 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 12 of this chapter. - 5 - SEC. 14. 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 approved incinerator is used. Any person violating the provisions of this section shall be deemed gui lty of a misdemeanor. SEC. 15. DEPOSITING DEAD ANIMALS, RUBBISH, ETC., ON STREETS, ETC. No person shall deposit any dead animal or excre- ments or fi 1th from privies or any hay, straw, dirt or rubbish of any kind or description or any fi 1thy 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. SEC. 16. 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 fi 1th or other matter prohibited by the next preceding section. SEC. 17. 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 tc remain unclean, the same shall be deemed a nuisance. SEC. 18. 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. SEC. 19. RENDERING MATERIALS FROM DEAD ANIMALS. The business or any part thereof, or any or either of them, of bone crushing, bane tal ling, bone grinding, bone - 6 - burning, bone drying, fat burning, fat boi ling, 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 boi ling of offal, swi 11, 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. SEC. 20. FILTHY DRAINS, LEAKING GARBAGE RECEPTACLES, MANURE BOXES, ETC. Any unclean, stinking, foul, defective or fi 1thy drain, ditch, tank or gutter, or any leaking or broken slop, tiP garbage &f manure boxes or receptacles of like character, whenever or wherever found within the corporate limits of the city shall be deemed a nuisance. SEC. 21. VEGETABLE WASTES, GARBAGE, ETC., ON PRIVATE ALLEYS, ETC. A 11 ve get a b 1 e was t e, 1 i t t e r , garbage, f i 1 t h or refuse of any nature, kind or description whatsoever found in or upon any private alley, yard or area within the corporate limits of the city shall be deemed a nuisance. SECo 22. 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, any dirt gathered in cleaning yards, waste of mt l1s or factories of any rags, damaged merchanÅ“ise, 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 or unwholesome, or to provide harborage for rats, the same shall be deemed a nuisance. SEC. 23. DEPOSITING OR THROWING ARTICLES INTO SEWER, SEWER I NLE T, E TC . No person shall, in the city, deposit or throw into any sewer, sewer inlet or privy vault, which has a sewer - 7 - coNaection, any article whatever that may cause the sewer to choke up or otherwise create a nuisance. SEC. 24. REQUIREMENTS AS TO VEHICLES HAULING GARBAGE, SWILL OR OTHER OFFENSIVE MATTER. Every vehicle used to transport manure, garbage, swi 11, ashes, cinders or other loose material in any 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 Inches high, and the tailboard twenty-four 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 gui lty of a misdemeanor. SEC. 25. PONDS OR POOLS OF UNWHOLESOME WATER. 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 conducive to the breeding of mosquitoes, shall be deemed a nuisance. SEC. 26. IMPURE OR UNWHOLESOME WELLS OR CISTERNS. 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 an impure or ,unwholesome nature, shall be deemed a nuisance. ~ SEC. 27. ABATEMENT - ORDERING OWNER OR OCCUPANT OF PREMISES TO ABATE OR REMOVE. Wherever any nuisance exists within the corporate limits of the city, the chief of the police department shðlì - 8 - 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. SEC. 28. SAME - FAILURE OF OWNER OR OCCUPANT TO OBEY ORDERS, ETC.: ABATEMENT BY CITY: EXPENSE TO BE CHARGED AGAINST OWNER AND CONSTITUTE LIEN. If the owner or occupant fai ls, neglects or refuses to obey such order, under the provisions of the preceding sec- tion 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 avai lable 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. SEC. 29. SAME - STATEMENT OF EXPENSES TO BE FORWARDED TO CITY ATTORNEY; COLLECTION. It shall be the duty of the chief of the police department to forward to the city attorney a written statement of such expenditure by him, under the provisions of section 28 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 foreclose such lien or otherwise compel the owner of such premises to repay the amount thereof to the city, together with all charges of collection. SEC. 30. SAME - RIGHT OF OWNER TO APPEAR AND SHOW CAUSE WHY ORDER SHOULD NOT BE COMPLIED WITH; EXTENSION OF TIME. Whenever an order has been given by the chief of the police department to abate or remove any nuisance that may exist upon any lot or premises, under the provision of section 27 of this chapter, the owner thereof shall have the right, within the period of time given i n 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 - 9 - with, and the chief of the pollet 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. SEC. 31. 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, regula- tions, orders or requirements of the department, or any ordi- nance 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 other ordinances that may be hereafter passed by the city counci 1. But in the exercise of this right the department and its employees shall act with good judgment and in a reasonable manner so as not to unnecessari 1y invade the privacy of the homes and premises belònging to the citizens. SEC. 32. PENALTIES. Any person (defined to include partnerships, corpora- tions, or association of persons) who is gui lty of violating any of the terms, conditions and provisions of this Ordinance, and any person (defined as above) who fai 1s, 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 of not less than $50, nor more than $200, and each separate day of such violation shall constitute a separate offense. .. - 10 - SEC. 33. SEVERABILITY. 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 sect i on, sentence, clause or phrase, and the counc i 1 dec lares that it would have passed all other sections, sentences, clauses or phrases of this Ordinance not withstanding the unconstitutionality or invalidity of any paragraph, section, sentence, clause or phrase hereof. SEC. 34. REPEAL OF ORDINANCE NO.3. Ordinance No.3 of the ordinances of the City of North Richland Hills is hereby repealed. SEC. 35. EFFECTIVE DATE. This Ordinance shall be effective from and after passage and publication hereof. PASSED AND APPROVED this (, day of May, 1960. ATTEST: ,. (¿~~ ~7\ .:/é'¿-:7{./L/' C ¡-( y S e c r eta r y . ) ¡{ (;~¿/ - / / 1/ -·~~(~f(~or ~A~1~hf~~~~Ji?