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Home My WebLink AboutOrdinance - 777-1946 - Collection Of Garbage In The City Of Lubbock - 05/23/1946,.--~ ~'hid ~-Eveniig Journal -· ·· r~~;-2!,·1~46 at"June 3 • 18MbJANOE NO. _7J7 · r-..-· • o s -za. -r.s 4-' .. r • "" ... _,.,.: ORDINANCE REGULATING THE COLLECTION OF GARBAGE IN THE CITI OF LUBBOCK; ESTABLISH- ~G BOmiDARIEs OF COLLECTION; DEFINING G.ARBAGE,''BRUSH AND DRY REFUSE OR DRY RUBBISH; -~ · ' ULATING THE TYPE AND WEIGHT OF CONTAINERS; RE~UIRING THE KEEPING OF CONTAINERS; I l '. I, .. --' VIDING FOR THE COLLECTION OF GARBAGE AND BRUSH AND OTHER WASTE MATERIALS; REQUIR- G THE DISPOSAL OF HEAVY ACCUMULATIONS AND DIDUSTRIAL WASTE AND WASTE FROM BUILDING PERATIONS BY OriNER; REGULATL~G THE COLLECTION FROM BUSINESS ESTABLISHMENTS; REGULAT- G THE REMOVAL OF DEAD ANIJitALS AND POULTRY; PBOHIBITING ACCUMULATIONS OF WASTE TTER; REGULATING THE CUTTING OF AND DISPOSAL OF WEEDS AIJD GRASS; REGULATING THE OVAL OF WASTE MATERIALS AND THEIR DISPOSAL; REGULATING DUMPING GROUNDS; PROVIDING ~ALTIES; PROVIDDlG A SAVING CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH DECLARING AN EMERGENCY. 0 -0 -0 -0 -0 -0 -0 -0 -0 WHEREAS, the collection and disposal of garbage vitally affects public eal th and welfare; and, VlBEREAS 1 in the course of protecting the health and welfare of the citizens of the City of Lubbock and of the public in general, it is incumbent upon the Govern- ing Body of the City of Lubbock, by virtue or the statutes of the State of Texas, to rovide adequate garbage collection and disposal services for the di ti:!ens or the ' City of Lubbock; and WHEREAS, the existing ordinances or the City of Lubbock providing for garbage collection are inadequate, and in need of immediate revision, and enforcement I to protect the general public health NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: I SEm'ION 1. SCOPE OF THE ORDINANCE. The provisions of this ordinance shall apply to all territory within the corporate limits of the City of Lubbock. --SECTION 2. DEFINITIONS. (a) 0 Garbagen is defined as rubbish, trash, kitchen and household waste, ashes, paper, food containers, small hedge and lawn trimmings. . (b) "Brush" is defined as tree trimmings, weeds, large hedge,trimmings, land trees not to exceed three inches in diameter, which have been trimmed and cut in lengths not to exceed five feet. (o) 1'Dry RefUse or Dry Rubbish" is defined to mean tin cans, paper and dry trash andhsuch; but in no event sha.U it be construed to mean kitchen garbage or other garbage or refuse or rubbish which will cause noxious odors and disagreeable smells. · SECTION 3. TYPE AND WEIGHT OF CONTAINERS. Garbage containers must meet the following requirements; The container shall be a water tight receptacle of a solid and durable grad of metal, not to exceed thirty (30) gallons in capacityJ the combined weight of the garbage and container shall not exceed one hundred (100) pounds. It shall be pro- vided with suitable close fitting metal cover. The container must not have any inside structures, such as inside bands, and reinforcing angles, or anything within the container to prevent the f'ree discharge of the contents. Containers that have deteriorated, or tbat have been damaged to the extent of having jagged, or sharp, 1 edgef. capable of causing injury to garba~ .collectors, or other persons whose duty it lis to handle the containers, or to such an extent that the covers will mot fit I ====' =---: --- ~ . -· II N~--...__--~ "==~-=-=,--· ------ -~---::--~ rseol.reJ:y, will be. 6onde"mned by the City of Lubbock, acting through its Department of II· ~tatien; and if such containers~~ ~t replaced after no:t~c_e ,.:to__the ormar or user1 publi of· their_defective _condi tj.on .. _ sue~ c:Je_f'ecti-ve __ ctonta1ner -is h,are__'bl_ declared to 'be. _a ...:_!!__ .. ! __ _ c ·nuisance creating a conditiOn dangerous tO--the-public health and may be disposed or summarill~ _ , 1 SECTION 4. PERSOl'a'S REQUIRED TO lU!il!a" WNl'AlNERS. It shall be the duty of I ID~ -...__,; ·. every owner, agent, lessee, tenant, or occupant of any house, building,flat, apart-' : .-·jment, or tenement 4ul the City of Lubbock, where persons reside, board or lodge; or ~ I I I where animal or vegetable food is prepared or served, or any private residence, to c: provide for such house, building, flat, apartment or tenement, and at all times to t: maintain in good order and repair, a garbage container or containers as herein define , !. for the deposit of garbage for collection by the Department of Sanitation of the City ~ of Lubbock. SECTION 5. COLLECTION OF GARBAGE, BRUSH AND OTHER WASTE MATERIAL. I (a) "Garbage" -It shall be the duty of the head of every family occupying 1 :or in possession o! any house, building, fiat, apartment, tenement, or dwelling place lin the City of Lubbock, which is a private residence, and for which a container for . garbage has been provided, or caused to be placed, such container on the rear of the lot of said premises, for the removal of the contents of the container, at such time and in such manner as the Department of Sanitation of the City of Lubbock may direct. SUch receptacles as required by this ordinance shall be placed inside the property 1 e at the edge of the alley where there is no fence and where there is an alley fence, the receptacle or receptacles must be placed against the outside of the fence. ere there is no alley~.the receptacle or receptacles must be placed in front of said roperty between sidewalk and curb or in any place most accessible to the collector. It shall be the duty of every person placing garbage in any such receptacle o eliminate as far as possible all water and liquid from such garbage, and to secure ap same before placing same in such receptacle. It shall be unlawi'u1 to pour water I ol r any liquid over said garbage or into any said receptacle. -1-o f,e. -ce.~o.lle d.-+"C"~-.-. pt"eY"'aS~S j (b) 1'Brush 11 -All trees 1shall be trimmed free of branches, cut in lengths not to exceed five feet, and the weight of such lengths shall not exceed one hundred 1(100) pounds. All trees and tree limbs when prepared in accordance with this brdinance must be placed between the sidewalk and curb on said premises, and the ~apartment of Sanitation shall then be notified immediately by the person in possess- on or control of said premises. The trees and tree limbs shall then be remo~d by he Department of Sanitation if said trees and tree limbs are prepared in accordance i th regulations as set out in this ordinance. It shall be the duty of all tree gery operators, nurserymen, yard work contractors, or public utility concerns to rovide their own facilities for the removal of trees, tree trunks, or any other clliD\Uation of brush, and remove same in a manner which shall be designated by the I apartment of Sanitation of the City of Lubbock. (c) "Manure, Waste Oil, Dirt and Turf11 -Manure from cowlots, horse stableJ ul try yards, pidgeon lorts, and waste oils and all residue which collects in wash ains from garages and filling stations shall be disposed of at the expense or the arty responsible for same under the direction of the Department of Sanitation. Dirt and turf resulting from lawn leveling or similar operations shall be moved by the party responsible for· same and at his own expense under the direction f the Department of Sanitation. SECTION 6. WASTES FROM BUILDING OPERATIONS. Rock, waste building material r other tra,sh' resulting from building or remodeling operations or resulting from a eneral cleanup of vacant or improved property, just prior to its occupancy, will not e removed by the City. Such wastes shall be removed by the contractor, owner or ccupant of the building at his own expense and at no time shall this material be laced in the alley in such a manner that the alley will be obstructed or blocked, xcept for utility connections. 2 I I II~ ~--: .... , . ,...;..~~=!::::====_=-=-=--=_=--'"-~ .... -.. . . ... '""'.--: . . . . --I · ·' ._ SEG'l'ION. 7. HEAVY ACCUMULATIONS AND INDUSTRIAL WASTES, Discarded automobU ' ~es, trames, and other heaVJ bulky refuse, and all industrial wastes resulting fro anufacturing operations must be disposed or· my the owner or occupant of the building r premise~ where such industrial wastes originate, and shall be disposed of in such \....._) manner·-~d at such time as shall be designated by the Department of Sanitation of he City of Lubbock. .. · This section shall include accumulations from packing houses, killing and ressing plants for poultry and fowls, wholesale :f'rui t and vegetable houses, and torages. SECTION 8, COLLECTION OF GARBAGE FROM BUSINESS ESTABLISHMENTS. A:rJy siness establishment desiring to place garbage for collection shall place the con- , er or containers on or near the curb line in f'ront of such place of business, or I an alleyway adjacent to such place of business, in such manner and at such time as 1 ball be prescribed by the Department of Sanitation of the City of Lubbock. All boxe 1 d cartons must be broken down and bundled, and no bundle shall exceed seventy-five :(75) pounds in weight. SECTION 9. DISPOSAL OF -DEAD ANDfALS. Dogs, cats or a:oy othe;r small dead tflo'£.,LUICIU.s shall not be placed in garbage containers. The dead animal piok-up service f the Department of Sanitation of the Oity of Lubbock w:Ul, upon notice to it, amove such small dead animals. Large animals must be removed at the expense of the wner in a manner designated by the Department of Sanitation. SECTION 10. PRQlm!IT~NG .ACCUMULATIONS OF WASTE MATTER. (a) It shall be unlawful for ~ person, firm or corporation to place, eposit or throw, or permit or cause to be placed, deposited or thrown &DJ garbage, nsh, broken glass, bottles, loose waste or refuse of ~ kind, on public or private roperty outside of 8.D1 house, building, nat, or tenement in the City of Lubbock, ess the same has been deposited in accordance with the provisions of this rdinance. The presence of garbage, brush, rubbish or miscellaneous waste upon any treat, alley or public place shall be held to constitute a violation of this section n the part oi' the owner or occupant upon whose half of the alley such garbage, brush, bbish or miscellaneous waste is permitted to remain for longer than twenty-four ho )r ._ ~ ..t. "/\The following acts, among others, are declared to be unlawtol. and in viola- ion of tbls section, and are declared to be trespasses and subject to the penalties f this ordinance, but such enumeration shall not be deemed to be exclusive, vizr (1) The throwing, placing, dumping or depositing of any lawn trimmings, edge trimmings, or any other cuttings or trimmings of weeds, fiowers or other egetation on lots, vacant or occupied, drive\~S or any other private property. (2) The throwing, _plaoing1 dumping or depositing of BDY lawn trimmings, edge trimmings or other cuttings or trimmings of weeds, flowers, or other vegetation n or in any gutter, street, sidewalk, parlcway', driveway, curb, alley or on any other blic property of the City of Lubbock. (3) The throwing, placing, dumping, or depositing of a:trr garbage, refuse, , r B.Dimal or vegetable waste matter of any kind on or in any gutter, street, sidewalky · kway, driveway, curb, alley or BDY other public property of the Oi ty of Lubbock or or on any lot, ·--vacant or occupied, drivewq, or other private property in the i ty of Lubbock. •• A violation of this section shall constitute a trespass, and shall be bject to the peDalties herein provided. • .•· 3 Jl ==1~==~,.~· ====-==========----I - r-... ----. -:;1. -. ·-. ... ; ; ' . ,.... . - -· (1) It shall be unlawful for aD¥ person to cause or permit to be or re• main in or upon any premises, private or ptJ.blic, any animal, vegetable or mineral matter or any composition or residua thereof, which is in an insanitary condition or injurious to public health. SECTION lle WEEDS, GRASS, ETC. ON SIDEMALKS, GlJl'TiRS ANJ2 PREMISES PRo- HIBITED. (a) fi§eds, Grasa, • .§to. on Premiaes Prohibited. It shall be unlawful frtt aqy owner, tenant, lessee, agent or occupant of ~ premises to permit a~ weeds or grass or other vegetation to grow or remain upon any premises owned or controlled by them, or either of them so as to become offensive or emit foul and noxious odor, or become a breeding place for flies or insects, or to become in ~ way injurious to the public health, (b) Weeds, Grass, Etc. on Sidewalks to be Removed. It shall be UDl.awtul for any owner, lessee, agent, tenazit or occupant of any premises to permit alW weeds grass or other vegetation to grow or remain upon 8.I\Y aidewalk or gutter abutting upon aDf premises owned or controlled ~ them or aqy of them, so as to become often- 1 aive or emit foul and noxious odors, or become a breeding place for insects, or to become in aqy way iDcturious to the public health. 1 j sEC'.rioN 12. ~GULATING THE REMOVAL AND DISPOSAL OF GARBAGE AND orHEf! WASTE MATERIALS. I (a) Restrictions on Disposal of Garbage and other Was~e Materials, It shall be unlawful for any person, firm or corporation, to discharge, dump or unload any garbage, rubbish, refuse or other waste matter at any place within the City of Lubbock or its jurisdiction, except at the designated cit,y dump ground or at such other plaee as may be designated by the Department of Sanitation. II I ' (b) Removal Permit Required. .1J:ur person, firm or corpor ation engaged in the removal of garbage, r ags, refuse matter or waste material of any kind witbia the Jurisdiction of the City of Lubbook shall, before engaging in such work, obtain a permit from the City Health Department of the City of Lub book1 which per11it, it 1 granted by the City Health DepartmeD.t shall be issued by the Department of Sanitatio~ wbich shall expire the first day of January or July next sucoeeding, as the case may I , be, but the City Health Department may refuse to grant any such permit( and it shall I be unlawful for rmy person, firrn or corporation who has not secured such permit, to engage in such business or to remove fro• any garbage container, box, barrel, can or other r ec eptacle, provided for the deposit of gargage or other waste material, 1 e..ny garbage, rags, refuse matter, manure or waste material of 8.Iij" kind; or to in 8.11¥ manner interfere with aDf such container or receptacle; provided, however, that the provisions of this article shall not apply to the owner of such container or recep• tacle, or to the owner or occupant of the premises on which the same is located; Provided further, however, that no license issued to any junk dealer or the City of Lubbock, shall authorize aDY person to whom such lieense is issued to remove 8DT such waste material from a~ container or rece ptacle, or in aqr manner interfere with aqr such container or receptacle. (c) It shall be unlawful for a~ person transporting or in control or any vehicle used in toe transportation of garbage, rags, refuse matter, manure or waste to transport the same in such manner as to permit the disoharge of the same upon ~ alle,r or street in the City of Lubbook. ===-----=--1--=-====·- ~·~-~-.-:,:--::----~ . . . ~· -- SIDTION 13. REGULATION OF DUMPINJ: AND DUMPIMJ GROUNDS. (a) All persons engaged in removing, handling or transferring or in ar:11 manner dealing with garbage, refuse matter, manure, or waste materials of any kind, -· 1 shall remove the same to the dumpi.ag grounds or place provided for and designated. bt · the City Healtb. Department of the City of LUbbock, or to such dWiping grounds or place as may be directed by the Department of Sanitation of the City ot Lubbock, and all such gar}!lage, refuse matter, manure or waste material of any kind taken by such pereons to aey dumping ground or crelllatory, or other place provided by the City eh~ be placed and deposited upon said dumping ground under the direction of an IuspectGr · o.r the Department of Sanitation, and it shall be unlawful tor an;r sucb person engag .. ed in the handling and deliver)" of such garbage and other waste materials to remove I any of the same from the dumping ground, or to remove au;y container or receptacle I containing same, from the location designated under the provisions of this ordinance,[ . 1 unless the approval of an Inspector of the Department of Sanitation of the City of Lubbock is first obtained. l 1 (b) Igpeotion of Dumping Grounds. All dry rubbish, refuse or manure dum ed on said territory shall be first inspected and approved by a duly authorized in· I spector located at the said dumping grounds, and in no case shall 8..lJ,Y' rubbish, re- fuse or manure be placed on said grounds except under the direction of said InspectOlj I SECTION 14• EENALT.IES. J»g corporation, firm, agent or person violating any section or aections or provisions of this ordinance shall be deemed guilty ot a '] misdemeanor and subj sot to a fine in a:n;y sum not to exceed ONE HUNDRED ($100.00) DOLLARS. SIDTION 15. SAVIW CLAllSE. It any section, subsection, paragraph, clause, 1 phrase or sentence of this ordinance, or the application of the same to a particu- 1 lar set of persons or circumstances should, for aDY reason, be held invalid, such invalidity shall in nowise affect the remaining portions of tbis ordinance, and to such end the variou9 provisions of this ordinance are declared to be severable. 1 SECTION 16. REPEAL All ordinances or parts of ordinanees in conflict 1 1 with the provisions of this ordinance shall lie, and the same are hereby", repealed• I SECTION 17. EMERGENCY. The fact that the existing ordin6J1Ces of the City II ! of Lubbock providing for the coU.ct1on, reJJoval and disposal of garbage, refuse and I other waste materials are inadequate and are in need of immediate revision in order I to protect the health aDd welfare of the public,oreatee an urgency and an emergena.r I for the immediate preservationaf the pu.lic health and welfare, necessitating that thie ordinance become effective at once, and it is accordingly ordained that this I ordinance take effect this 23rd d~ of May 1946 and thereafter published once a week 1 for two consecutive weeks in a newspaper regularly published in the City of Lubbock. 1 1 AND IT Is sa ORDERED. I ! Affirmative4t approved and passed on readiug by unanimous vote of the I Commission this 23rd day of May, 1946. --~I 14ayor --=--=~--==-=="'=""'-' _____ ="' ======