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HomeMy WebLinkAboutOrdinance - 918-1949 - Public Health Nusance Regulations - 05/13/1949/ ( I .. ~~- 1" • I - NUISANCE ORDIN~iNCE --=·-====== j \ -. . ~ ~ -.._:.:~ I \ I \-. \I~/" .( 05 - \ 3 -1.9 -4 ...9 ORDINANCE NO. 918 \\-23-\.949 AN ORDINANCE DECLARING AND MAKING WHATEVER IS DANGEROUS TO HUMAN LIFE, HEALTH, AND WHATEVER RENDERS THE GROUND, WATER, AIR OR FOOD A HAZARD OR INJURY TO HUMAN LIFE OR HEALTH OR THAT IS OFFENSIVE TO THE SENSES OR TENDS TO BECOME DETRIMENTAL TO THE PUBLIC HEALTH A NUISANCE; I SPECIFICALLY MAKING THE FOLLOWING ACTS, COMMISSIONS, OMISSIONS, CON-i! DITIONS AND DEEDS BY ANY PERSON, FIRM, PARTl'lERSHIP, ASSOCIATION OR 'i CORPORATION A NUISANCE, TO-WIT: ALLOWING TO EXIST ANY FULL OR OVER-. ,FLOWING PRIVY, VAULT, CESSPOOL OR OTHER RECEPTACLE FOR FILTH, NIGHT /'""'.SOIL AND HUMAN EX:CREMENT UPON ANY PREMISES OWNED OR CONTROLLED BY / --/ SAID FIRM, PERSON, PARTNERSHIP, ASSOCIATION OR CORPORA'PION; ALLOWING I /. .TO BE PUMPED ~OR THE CONTENTS OF C.i!SSPOOIB TO FLOW OVER ANY PREMISES , 1 , I FOR FERTILIZING OR OTHER PURPOSES; ALLOWING ANY IMPERFECT OR FAULTY TRAP, TRAPS IN DISREPAIR, SINKS, WATER CLOSETS OR OTHER DRAINAGE ·: APPLIANCE OR FIXTURE TO EXIST IN ANY HOUSE OR BUILDING IN THE CITY li OF LUBBOCK FROM IJIIHICH THEffiS SHALL ARISE ANY FOUL OR OFFENSIVE GAS OR It ODORS; THE CASTING, DRAINING, ·THROWING OR CAUSING TO BE CAST, DRAINED, i THROWN OR DISTRIBUTED IN ANY STREET, HIGHWAY, GUTTER, ALLEY OR OTHER I PUBLIC GROUNDS WITHIN THE CITY OF LUBBOCK ANY KITCHEN WATER, WATER FROM EKijAUST PIP.ES, LAUNDRY WATER, WATER FROM SERVICE STATIONS AND · li GARAGES, AIR CONDITIONERS OR OTHER WASTE WATER, SLOPS, SWILLS OR LIQ,Uin FILTH; THE KEEPING OR CAUSING TO BE KEPT OF ANY CHICKENS, GEESE, DUCKS J' GUINEAS, PIGEONS, OR RABBITS IN PENS OR ENCLOSED AREAS KEPT IN SUCH A 11 MANNER AS TO BECOME OFFENSIVE, PRODUCING ODORS CAPABLE OF ANNOYING PER4 SONS LIVING IN THE Vl;CINITY OR KEPT IN AN UNCLEAN CONDITION; ANY STAB~ STALL, SHED, APARTMENT, YARD OR APPURTENANCE THERE'!'O, V'iliERE ANY ANIMA9 SHALL BE KEPT OR ANY PLACE WITHIN THE CITY OF LUBBOCK WHERE MANURE OR II LIQUID DISCHARGE OF SUCH ANIMALS SHALL COLLECT AND ACCUMULATE AND jj WHICH SUCH STABLE, STALL, SHED, APARTMENT, YARD OR APPURTENANCE THERETQ IS NOT KEPT IN A CLEAN AND SANITARY CONDITION, OR PERMITTED TO REMAIN !i . IN A CONDITION WHICH CONSTITUTES A BREEDING PLACE FOR FLIES OR IS NOT 11 KEPT IN A CLEAN AND SANITARY CONDITION SO THAT OFFENSIVE SMELLS, ODORS ' OR FUMES ESCAPE THEREFROM, BUT EXEMPTING MANURE DEPOSITS UPON PRIVATE : PROPERTY USED FOR THE PURPOSE OF CULTIVATING OR AS FERTILIZER; SUFFER-1 ING OR PERMITTING BY ANY PERSON, OWNER OR HIS AGENT, ON ANY PREMISES OCCUPIED OR UNOCCUPIED, OF ANY WEEDS, GRASS AND PLANTS THAT ARE NOT CULTIVATED TO GROW UPON ANY PREMISES BETWEEN Tlili FIRST OF JUNE AND , I THE FIRST OF OCTOBER OF EACH YEAR TO A HEIGHT OF MORE THAN TWELVE ( 1211 ) ll'ICHES ON AN AVERAGE OR TO GROW IN RANK PROFUSION THEREON; THE KEEPING t OF A LOT OR PIECE OF GROUND IN THE CITY OF LUBBOCK ON WHICH THERE IS :: LOCATED A POOL OR POND OF UNWHOLESO~, IMPURE, STAGNATED OR OFFENSIVE j1 WATER; THE FAILURE OF THE OWNER, OPERATOR, AGENT OR DRIVER OF ANY il TRUCK, TRAILER, OR OTHER VEHICLE USED FOR THE PURPOSE OF HAULING LIVE~-11 ..STOCK, ANIMALS OR FOWLS WHERE SAME HAS BEEN PARKED IN OR ~.ON." ANY HIGH- . WAY, STREh'T, ALLEY, VACANT LOT, TRACT OF LAND, EITHER PUBLIC OR PRIV A: . OR IN ANY SERVICE STATION OR GARAGE WITHDT THE CITY OF LUBBOCK, TO MOVJ1: SUCH TRUCK, TRAILER OR OTHER VEHICLE CONTAINING MANURE OR EXCRETA OR :] , LIQUID DISCHARGE OF SUCH LIVESTOCK, ANIMALS OR FOWlS WHEN NOTIFIED TO i'j DO SO BY THE DIRECTOR OF Tr;:E DEPARTr;IENT Olil PUBLIC HEALTH, TO SUCH LO-f CATION AS WILL NOT DISTl.JRL3 THE INHABITANTS OF THE CITY OF LUBBOCK BY 1 : REASON OF THE ODOR, GASES OR FUWJ?.S CAUS!!.'D BY THU CONDITIONS Olil SUCH jj TRUCK, THAILER OR OTHER VEHICLE: MAKING IT TIL!! DUTY OF §.IJY OWNER, : TENANT OR LESSl-Jl: TO SifE'EP OR CAUSE TO BE SWEPT THE RESPECTIVE SI~ , IN FRONT OF THE RESPECTIVE PLACES OF BUSINESS AND TO PLACE PAPER, i: TRASH AND DEBRIS THE.:lEFROU I:L~ RECEPTACLES AS PHOVIDBD BY ORDIN.AN CE NO Q i 777 AND DECLARilJG SAlliE TO BE A NUIS.AN CE UPOl~ FAILURE TO DO SO; ALLOW-I! ====II=IN=G=P=IP=E=R, LlThffiER, HOCKS OR OTHER 'rRASH OR DEBRIS-TO-ACCUMULATE OR ~L II /=.:.~II-~.~-~~=,I=N=ON=ANY=~PI=E=C=;rE~-=O-"·F'~~·.,P=R=O=PE=R='l'Y=~==IN·""'"=S=U=C=H=A=MANN=~=ER""==AS==TO=C=REA=T=E=A=-=='1f==' HARBORAGE OR BREEDING PLACE FOR RATS; KEEPING OR MAINTAINING A PUBLIC • j! RESTROOM IN AN UNSANITARY CONDITIONj PERMITTING A DOG OR DOGS TO BARK IN SUCH A MANNER AS TO DISTURB THE RESIDENTS OF THE COMMUNITY. MAKING IT THE DUTY OF EVERY OWNER OR HIS AGENT OR OCCUPANT OF ANY PREMISES TO REMOVE OR CAUSE TO BE CUT WEEDS, GRASS OR PLANTS THAT ARE NOT CUL- TIVATED AS OFTEN AS MAY BE NECESSARY SO THAT SAID WEEDS, GRASS OR PLANTS SHALL NOT GROW TO A HEIGHT IN EXCESS OF TWELVE ( 1211 ) INCHES OR l GROW IN RANK PROFUSION, AND PROVIDING THAT REMOVING AND CUTTING OF !1 SAID WEEDS, GRASS OR PLANTS WHICH ARE NOT CULTIVATED, AT LEAST ONCE IN !I EVERY THREE (3) WEEKS DURING THE PERIOD FROM THE FIRST OF JUNE TO THE 1: FI~T OF OCTOBER SHALL BE SUFFICIENT COMPLIANCE OF THIS ORDINANCE AND I ~ MAKING IT THE DUTY OF EACH SUCH OWNER, HIS AGENT OR OCCUPANT TO USE I EVERY PRECAUTION TO PREVENT SUCH WEEDS, GRASS OR PLANTS GROWING ON 1i SUCH PREMISES SO AS TO BECOME A NUISANCE AS DEFINED IN THIS ORDINANCE; :, EMPOWERING TH"E DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH TO NOTIFY, r IN WRITING, THE OWNER OR OCCUPANT OF THE PREMISES WHEREON ANY SUCH II NUISANCE, AS DEFINED IN THIS ORDINANCE, EXISTS AND TO ORDER SUCH OWNER!: OR OCCUPANT TO ABATE OR REMOVE SUCH NUISANCES WITHIN SUCH TIME AS MAY U . BE SPECIFIED IN SAID ORDER AND EVIPOWERING SAID DIRECTOR OF THE DEPART-~ MENT OF PUBLIC HEALTH, UPON THE REFUSAL OR FAILURE TO OBEY SUCH ORDER I BY SAID. OWNER OR OCCUPANT, OR, IF SUCH PREl'IIISES ARE UNOCCUPIED AND 1 11! OWNER OR HIS AGENT CANNOT BE FOUND, TO THEN CAUSE SUCH NUISANCE TO BE ABATED OR REMOVED AND TO DEFRAY THE :EXPENSES THEREOF OF ANY MONEY IN i\ THE CITY TREASURY AVAILABLE FOR SUCH PURPOSES, l/LAKING SUCH EKPENSES :; INCURRED A CHARGE AGAINST THE OWNER AND CREATING A LIEN UPON THE LOT AND PREMISES WHEREUPON SUCH NUISANCES EXIST; EMPOVIERING THE DIRECTOR , OF THE DEPARTMENT OF PUBLIC HEALTH TO EXTEND SUCH TIME AS SPECIFIED i l :i IN SAID NOTICE FOR THE ABATEMENT OR REMOVAL OF SUCH NUISANCES, AT HIS :! ! DISCREriON, UPON REQUEST BY OWNER, HIS AGENT OR OCCUPANT OF SUCH PREMI"''\ SES, PROVIDED THERE IS • NO IMMEDIATE DANGER TO THE PUBLIC HEALTH; iJIAKIN'~ IT THE DUTY OF ALL POLICE OFFICERS. TO WATCH AND REPORT AT ONCE TEE ' 11 EXISTANCE OF ANY SUCH NUISANCES; PROHIBITING AND FORBIDDING T;HE EXIS-II I TANCE OF ANY OF THE NUISANCES HEREIN DEFINED, WHETHER GENERALLY OR , I.PECIFICALLY, WITHIN THE CITY LIMITS, BY OR UPON ANY PREMISES OF ANY i· ) PERSON' FIRM, ASSOCIATION OF PERSONS' OR CORPO~TION AND MAKING THE I CAUSING, PERMITTING, MAINTAINING ANY OF SUCH NUISANCES AS DEFINED I GENERALLY OR SPECIFICALLY A MISDEMEANOR AND UPON,CONVICTION THEREOF I BY SUCH PERSON, FIRM, ASSOCIATION OF PERSONS, OR CORPORATION SHALL BE 1 PUNISHED BY A FINE IN ANY SUM NOT EXCEEDING TWO HUNDRED ($200.00) c ·DOLLARS AND EACH DAY SUCH NUISANCE IS CONTINUED SHALL CONSTITUTE A t I SEPARATE OFFENSE; MAKING THIS ORDINAi~CE CUMULATIVE WITH ALL OTHER oRDI..J, ! NANCES; PROVIDING THAT THE INTENTION OF THIS ORDINANCE IB' NOT CONFLICTJ. j1 ING WITH SPECIFIC OFFENSES PROVIDED BY THE PENAL CODE OF THE STATE OF 1; I TEXAS OR ANY CIVIL STATUTE OF THE STATE OF TEXAS AND IN THE EVmTT ANY il SUCH PENAill'Y OF SUCH PENAL CODE OR CIVIL STATUTE IS GREATER THAN THE ii APfLICABLE PENALTY HEREIN PROVIDED, THE PROVISIONS OF THE STATE LAW SHALL CONTROL; PROVIDING A SAVINGS CLAUSE; DIRECTING AND EMPOWERING THE CITY SECRETARY TO CAUSE PUBLICATION OF THE DESCRIPTIVE CAPTION OF THIS ORDINANCE TOGETHER WITH THE PENALTIES AS SET OUT IN SECTION 7 OF THIS ORDINANCE. .. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: ~ ... • ! .. -...- SECTION 1. General De~inition o~ Nuisance. Whatever is dangerous ' to humgn li~e or health, whatever renders the ground, the water, the \._; air, the food, a hazard or injury to human li~e or health or that is o~~ensive to the senses or that is or tends to become detrimental to the public health, is hereby declared to be a nuisance; and the ~ollo ing specific acts, conditions and deeds, as are set ~orth in Section 2 o~ this Ordinance, are, among others, each and all of them hereby declared to be nuisances and prohibited and made unlawful by this I'-' I \ . • I • \' Ordinance. I! SECTION 2. The ~ollowing act, acts, commission, commissions, l1 omission, omissions, condition, condi tiona·; deed or deeds by a:ny per-~ son, ~irm, partnership, association o~ corporation shall be and are :i hereby declared to be a n1;U.sance. ii il (a). The act o~ allowing to exist any ru11 or over~lowing I privy, valut, cesspool, or other receptacle ~or filth, night soil and human excrement, upon any premises owned or controlled by any person, firm, partnership, association or corporation. (b). The act of allowing to be pumped, or the contents o~ cesspools to ~low over a:ny premises ~or ~ertilizing or other purposes. (c). Any imper~ect or ~aulty trap, or any trap in disrepair, sink or water closet, or any other drainage appliance or ~ixture to exist within any house or building within the City o~ Lubbock ~rom which there shall arise a:ny ~oul or o~~ensive gas or odors. (d). The casting, draining, throwing or causing to be cast, drained, thrown or distributed into any public street or highway, 1 gutter, alley or other public grounds within the City any kitchen water, water ~rom exhaust pipes, laundry water, water ~rom ser- vice stations and garages, air conditioners or other waste water, slops, swill or liquid ~11th • (e). The keeping or causing to be kept any chickens, geese, ducks, guineas, pigeons, or rabbits in pens or enclosed areas kept in such a manner as to become of~ensive, producing odors capable of annoying persons living in the vicinity or is kept in an unclean condition. (f). ~enever any stable, stall, shed, or apartment, or any yard or appurtenance theret9, in which any horse, cattle, cow, or other animals shall be kept, or any place within the corporate ~imi ts o~ the City o~ Lubbock, Texas in which manure OJ? liquid discharge o~ such animals shall collect and accumulate and which . stable, stall,' shed, apartment or any yard or appurtenance theretol is not kept in a clean and sanitary condition or parmi tted to re-:1 main in a condition which would constitute a breeding place ~or i: flies, or is not kept in a clean and sanitary condition so that i: o~~ensive smells, odors, or fumes escape there~rom, it shall be ~~ deemed a nuisance, provided, that nothing in this section shall b 1 so construed as to include manure deposits upon private property . for the purpose of cultivation or to be used as fertilizer. 1 - ' I r I (g). The su£fer1ng or permitting by any person, owner, or agent of any premises occupied or unoccupied, or weeds, grass, or plants that is not cultivated, to grow upon any premises be- tween the first of June and the first of October of each and every year, to be a height of mora than twelve {12) inches on an average and to grow in rank profusion thereon, and any such premises upon which any weeds, grass or plants are permitted to grow above the height of twelve (12) inches or in rank profusion shall be deemed a nuisance as dangerous to public health mnd cal - culated to increase the fire hazard of the City. (h). limi t-8 of a pool or water. The keeping of any lot or piece o£ ground within the the City of Lubbock, Texa,, on which there is located pond of unwholesome, impure, stagnated or offensive (1). The failure on the part of the owner, operator, agent, or driver of any truck, trailer or other vehicle that has been used for the hauling of any livestock, animals or fowls, and when same has been parked in or on any highway , street, ellery, vacant lot, or traot o£ land, either public or private, or in any service station or garage within the corporate limits of the City of Lubbock, to move such truck, trailer or other vehicle, containine manure or exc~eta or liquid discharge or such live- stock, animals or fowls when notified by the Director of the De- partment of Public Health of the City of Lubbock, ~exas to move such truck, trailer or other vehicle to such location as will not disturb the inhabitants of the City of Lubbock by reason of the odor, gasses or fumes caused by the contents of said truck, trailer or other vehicle. (j). That it shall be the duty of any o .ner, tenant, or lessee to sweep or cause to be swept the respective sidewalks in front of their respective place of business and place or cause to be placed all such paper, trash and debris therefrom in an approved trash receptacle which shall be placed in such placj as set out in Ordinance No. 777 regulating garbage in the City or Lubbock, and the failure of any such o~mer, tenant, or lessee, to comply with thia paragraph shall be, and constitute a nuisance. (k). The allowing of paper, lumber, rocks and/or other trash or debris to accumulate or remain on any piece of property in such a manner as to create a harborage, or breeding place, for rats. (1). The keeping or maintaining of a public rest room in an unsanitary condition. (m). The act of permitting a dog or dogs to bark in such a manner as to disturb the inhabitants of the community. SECTION 3. It shall be and is hereby made the duty of any o\vner or his agent or occupant of any premises to remove or cause to be cut all suCh weeds, grass or plants that are not cultivated as often as may be necessary to comply with paragraph g of Section 2 of this Ordinance, provided that the removing and cutting of weeds, gras~ and plants which are not cultivated, a t least once in three (3) weeks ====~==~===~=-======~ -. . ===--=====~ "" . "' . ~ --~ ·-J during the period stated in paragraph g, Section 2 aforesaid, shall . . be deemed to be in compliance with this Ordinance and it shall be and v it is hereby made the duty of any o~mer or his agent or occupant of a any premises to use every precaution to prevent such weeds, grass or plants growing on such premises so as to become a nuisance as defined in paragraph g, Section 2 of this Ordinance. SECTION 4. Whenever any nuisance, generally or specifically de- fined in this Ordinance shall·exist within the corporate limits of the City of Lubbock, the Director of the Department of Public Health shall notify, in writing, the O\vner or occupant of the premises whereo such nuisance exists, and order such owner or occupant to abate or remove the nuisance described in such notice within such time as may be specified within the order. If the ovmer or occupant fails, neg- lects, or refuses to obey such order, or if the premises are unoccupie and the ovmer or his agent cannot be found, the Director of the De- partment of Public Health shall cause said nuisance to be abated or removed and shall defray the expenses thereof out of any money in the City Treasury available for such purposes. All expenses so incurred shall be charged against the ovmer and shall be a lien on the lotand premises whereupon such nuism. ce exists. SECTION 5. Whenever such order has been given by the Director ·,.of the Department of Public Health to abate or remove such nuisance ·· that may exist upon any lot or premises the ovmer thereof shall have\ . 1 : the right within the period of time given in the order for abatement ·. ,. 'to appear at the office of the Director of the Department of Public . ;' Health to show cause why such order should not or cann~t be complied 1r with, and the Director of the Department of Public Health 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. SECTION 6. It shall be the duty of all Police Officers to watch for any violation of this Ordinance and to report at once all the facts to the office of the Director of the Department of Public Health SECTION 7. Every nuisance herein defined whether generally or . specifically: is prohibited and forbidden within the City, and any .; person, fir.m, association of persons, or corporation, making, causing, l 7 .. -; -permitting, maintaining any of said nuisances as defined generally or I specifically, Shall be{guilty of a misde~eanor and upon conviction ' thereof shallJbe fined in any sum not exceeding two hundred($200.00) dollars, and th the case of a continuing offense, each day sane is continued shall co~stitute a separate offense. I SECTION 8. This Ordinance is made cumulative of all other Ordi-ii' nances and shall not be construed as repealing any Ordinance. II SECTION 9. It is not intended that the provisions of this Ordinan~e shall conflict with specific offenses provided by the Penal Code of the !· State of Texas/or any Civil Statutes of the State of Texas and in thel II',_ 1 1, event any such penalty is greaten than the applicable penalty herein 1 provided, the provisions of the State law shall control. . ·, I SECTION 10. SAVINGS CLAUSE: Should any section, paragraph, sea- ' for any reason, the remainder of said Ordinance shall not be affected, --I .f • I ' '.:" '" " ._ ..... • .. . ... I thereby and it is intended that every other section, paragraph, sen- tence, clause and phrase of this Ordinance shall remain in full force j and effect. SECTION 11. The City Secretary is hereby directed to cause publi cation of the descriptive caption of thts·o.~d~ance, together with penalties as set out in section 7 aforesaid, as an alternative pro- vided by Chapter 10, Page 112, Acts 1939 of the 46th Legislature as mnended by Chapter 264, Page 463, Acts 1947 of the 50th Legislature. AND IT IS SO ORDERED: I Passed and approved by unanUnous vote of the City Commission this 1 3th day of May, A.D. 1949. Pas~ed and appr~d by unanimous vote of the City Co.rmnission. this :Z..3 day of ~t!> Ck 1M. (. p ._., A.D. 1949 . I ATTEST: