HomeMy WebLinkAboutOrdinance - 5371-1967 - Amending Code Of Ordinances Adding To Chapter 15 New Article VIII - 12/14/1967V GAS:jkb
5371
AN ORDINANCE A1VIENDING THE CODE OF ORDINANCES BY ADDING
TO CHAPTER 15 A NEW ARTICLE VIII REGULATING RENDERING ESTABL]SH ..
1VIENTS; REGULATING THE LOCATION, EQUIPMENT AND MODE OF OPERA-
TION OF SUCH ESTABL1SHMENTS WITHIN THE CITY LIMITS AND ONE MILE
BEYOND EXCLUDING TERRITORY WITHIN THE CORPORA TE LIMITS OF ANY
OTHER CITY OR TOWN I PROVIDING FOR LICENSING AND REVOCATION PRO
CEDURE; DECLARING CERTAIN CONDITIONS TO CONSTITUTE A NUISANCE; .
DESIGNATING THE DIRECTOR OF HEALTH DEPARTMENT AS ENFORCEMENT
OFFICER AND PROVIDING FOR A PENALTY NOT EXCEEDING $200. 00 FOR
VIOLATION.\
WHEREAS, it is deemed to be in the public interest, in order to promote
health., safety, morals and the general welfare of the community by regulating the
location, equipment., and the mode of operation of the rendering establishments
or businesses within the jurisdictional limits of this City for the purpose of pro"'
tecting the general public as well as the residents of the City of Lubbock from the
health hazards arising from unsanitary conditions which may exist in conjunction
with the operation of rendering establishments; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Code of Ordinances of the City of Lubbock BE and
the same is hereby amended by adding to Chapter 15 there of a new Article VIII
which said article reads as foibws., to.,.wit:
"Article VIII. Regulation of Rendering Establishments.
Section 15. 61 Definitions. For the purpose of this Chapter., the
following terms., phrases, words., and their derivations shall
have the meaning given herein:
a. "Public Health Director11 without further designation
is the person who is performing the duties of the Director
of Health Department of the City of Lubbock (the City Heal
Officer.). The term shall include his authorized represen
tative when not inconsistent with the context.
b. "Inspector" is an authorized representative of the Publ ·
Health Director.
c. 11Jurisdictional limits of this City" includes all the area
with.in the corporate limits of the City of Lubbock and all
of the territory outside the corporate limits of the City
which is within one mile of said corporate limits but exclu ...
sive of that part of said territory which lies within the
corporate limits of another city, town or village.
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d. 11Processing11 shall mean any operation or combination of
operations whereby dead animals, dead fowl ., fish., inedible offal.,
meat scraps, bones, suet., feathers, unrendered animal fat,
waste cooking greases, and similar animal matter is prepared
for disposal at a rendering establishment, stored or is treated for
commercial use or disposition other than as food for human
consumption.
e. "Processing area" is any area in which processing is conduct•
ed.
f. "Rendering business11 includes the collection., or rendering, or
boiling, or refining., or storing pending further processing-or dis ...
posal at a rendering establishment of dead animals, dead fowl ,
fish, inedible offal, meat scraps, bones, suet, feathers, unrende
ed animal fat., waste cooking greases, and such similar animal
matter,. or the transporiation of such matter to and disposal at a
rendering establishment, either as a separate business or in
connection with any other established business.
g. 11Rendering establishment'' includes any establishment., plant,
or premises at or within which dead animals, dead fowl ., fish,
inedible offal., meat scraps., bones., suet, feathers, unr endered
animal fat, waste cooking greases., and similar animal matter is
rendered. boiled, processed, or otherwise prepared to obtain a
product for commercial use or disposition other than as food for
human consumption.
h. "Current" license is one which is current., valid., unsuspended
and unrevoked.
Section 15. 62. Hules of Construction. For the purpose of this Article
the following rules are applicable:
a. Words, phrases, and terms defined herein shall be given the
defined meaning except where the context indicates clearly a
different meaning~
b. Words, phrases, and terms not defined herein shall be given
their usual and customary meaning except where the context
indicates clearly a different meaning.
c. The text of the Article shall control captions, titles and simi.,.
lar parts.
d. The word "shall" is mandatory and not permissive; the word
"may11 is permissive and not mandatory.
e. Words used in the singular include the plural; words in the
plural include the singular.
f. Words used 'in the present tense include the future tense; words
used in the future tense shall include the present tense.
Section 15. 63. Declared Nuis-a:Q.ce and Disposal Required. All dead
animals, dead fowl, dead fish, inedible offal, meat scraps. bones, suet,
feathers, unrendered animal fat., waste cooking greases., and similar
animal matter located within the jurisdictional limits of the City not
properly kept under refrigeration, not disposed of as garbage under the
provisions of Chapter 14 of the City Code, or not disposed of to a render•
ing establishment as provided in this Article., are hereby declared a
nuisance and menace to the public health, requiring the prompt collection
and disposal thereof under the authority and direction of the Public Health
Director.
Section 15. 64. Methods of Disposal Generally.
a. All matter declared a nuisance in Section 15. 63 above., which is
derived in whole or in part, directly/or indirectly, )from the carcass
or carcasses of any cattle, horses, mules., asses, !sheep., goats., hogs.,
or other livestoc~ domestic animals or domestic fow~ wpich at the
time of death had any disease or diseases for which Chapter 14 Title
17 of the Penal Code of the State of Texas proscribes or prescribes
the manner in which the carcass or carcasses shall be disposed of,
shall be disposed of in a manner permitted by the said Title 17.,
Chapter 14.
b. All matter declared a nuisance in Section 15. 63. above., not covered
by subparagraph "a11 hereof, shall be turned over or delivered by the
owner thereof;
(1) Directly to a rendering establishment having a current license as
herein provided in this Article ; or
(2) To collector of material for processing., as defined in this ordinance.,
having a current license as herein provided in this Article; or
(3) To a City sanitary land fill d~signated by the Public Health Director.
The person having such animals and fowl in his possession and desiring
to avail himself of this means of disposal shall contaet... the Department
of Health for the location of the sanitary land fill, shall have said animals
and fowl transported there at his expense., and shall supply sufficient per•
sonnel to unload and place same where designated.
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Section 15. 65. Use of Street, Etc., For Private Disposition Pro..,
hibited. It shall be unlawful for any person not having a current Col ..
lector1s License issued pursuant to this Article to use the streets, alleys,
or avenues of the City for the purpose of collecting, removing or
transporting animal matter declared a nuisnace in Section 15. 63 above.
Section 15. 66. Operation of a Rendering Establishment Without A
License Prohibited. It shall be unlawful for any owner, operator, or
person in charge at the time to operate a rendering establishment
within the jurisdictional limits of the City without having a current
Rendering Establishment License issued pursuant to this Article.
A separate license is required for each premis~s.
Section 15. 67 Operation of a Storage Facility for Materials to be
Rendered without a License Prohibited. It shall be unlawful for any
owner., operator, or person in charge at the time to engage in the
rendering business by maintaining, operating or causing to be operated
any separate premises as a facility where animal matter declared to
be a nuisance in Section 15. 63, is collected or stored pending further
processing or disposal unless the aforesaid separate premises has a
current Rendering Materials Storage Facility License issued pursuant
to this Article or is an integral part of a currently licensed rendering
establishment~ A separate license is required for each premises
requiring a Rendering Materials Storage Facility License.
Section 15. 68. Operating of Transport Vehicle Without Meeting Certain
Requirements Prohibited. It shall be unlawful for any person to operate
or to cause another to operate a transport vehicle upon the roads, high"'
ways, streets, alleys, or avenues within the jurisdictional limits of the
City for the purpose of collecting, removing,. or transporting animal
matter declared a nuisnace in Section 15. 63 above, unless said transport
vehicle is covered by a current Collectorts License and meets the require
ments for such vehicles set forth in this Article.
a. All vehicles used in transporting dead animals and/or render-
ing raw materials to, or from,. rendering establishments shall
be leak .. proof and shall be maintaine'd at all times so that no
nuisnace is created by them •
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b. Collection vehicles shall be held to a minimum of brief
stops while enroute to the establishment with dead animals
and/ or rendering raw materials.
c. Collection vehicles shall be washed and sanitized at the
end of each dayts operations.
ct. Any truck bed that has been used for the transport of any
dead animals and/ or rendering raw materials shall be thor-
oughly washed and sanitized before use for transport of
finished products not intended for human consumption.
e. No truck bed that has been used for the transport of
rendering raw materials to a rendering establishment shall
ever be used for the transport of any product intended for
human consumption.
Section 15. 69. Licenses ... Application For, Fee and Requirements For
Issuance.
a. Every person who is operating or desires to operate a renderin
business or any phase thereof., shall immediately make applicatio
in writing to the Public Health Director., upon forms prescribed
and furnished by such health officer., for all required permits
to operate and do business within the jurisdictional limits of the
City, and shall pay therefor'' an annual fee based upon the cost of
inspecting the facilities of such rendering business or phase there
of to be computed as hereinafter prescribed. The annual fee shall
include the cost of re ... inspecting the facilities as a result of failur
to keep such facilities in such a manner as to meet the require..,
ments of this Article. No license shall be issued for any premise
which is in vblation of The Zoning Ordinance of the City of
Lubbock.
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b. The fees shall be computed as follows:
(l} Collectorts license-Amount based upon the number of
transport vehicles to be inspected., at $10. 00 per vehicle
per fiscal per year.
(2) Rendering Materials Storage Facility License-$50, 00 per
fiscal year when such facility is not an integral part of a
rendering establishment.
(3) Rendering Establishment License-$100. 00 per fiscal year.
c. All fees herein.above listed in paragraph 11b" of this section, pay-
able to the City of Lubbock., shall accompany the application for lic-
ense. Annual fees prescribed herein shall be in instances in which
application is made for a license for only a portion of a fiscal year,.
be prorated in whole months. Such licenses shall,. unless revoked
or suspended, continue in force for a period of one fiscal year, beg-
inning on the first day of January of each year,. and shall be non•
transferable and shall be renewed annually upon application and pay•
ment of the annual fee, in accordance with the objectives; terms and
conditions of this Article.
d. Following the receipt of an application for a license and proof
that the required annual fee has been paid, the Public Health Director
will conduct such investigation as he deems necessary to determine
whether the applicant1s premises, personnel and equipment are pro•
per and adequate for the services proposed or offered. Upon a
determination by the Public Health Director that the Applicant has
met the requirements of this Article, he will issue the applicant the
appropriate license. The Collector1s, Rendering Materials Storage
Facility, and/or Rendering Establishment License will be displayed
upon the wall of the main office located upon the premises for which
the license is issued. Should the application for license be denied,
three-fourths (3 / 4) of the fee will be returned.
Section 15. 70. License-Suspension and Revocation Thereof.
a. Upon the Public Health Director or any Inspector observing a
violation of any of the provisions of this Article or the rules and
regulations of the Public Health Director promulgated under the
provisions of Section 15. 74 hereof, he shall call the violation to the
attention of the person in charge at the time and allow him a reasonabl
time to correctthe violation; upon the failure of the licensee or his
employee to do so, the Public Health Director may suspend the
licensee's license until the violation is corrected.
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The suspension of the license may be lifted by the Public Health
Director as soon as he deems proper with or without re-inspection.
b. For failure to comply'with the terms of this Article, the
Public Health Director may revoke any 1 icense after a hearing
before him at which the licensee shall be given an opportunity
to be heard and to present evidence relevant to the charge.
c. Any person firm or corporation whose license has been suspended
or revoked as rpovided here in may appeal the action of the Public
Health Director to the City Council by filing notice of appeal with
the City Secretary within 15 days of such action. Such suspension
or revocation shall remain in effect for the duration of such appeal.
Section 15. 71. Rendering Business Creating Offenses or Becoming Nuisances.
It shall be unlawful for any person within the jurisdictional limits of this City
to operate a rendering business or any phase thereof unless said rendering
business or phase thereof, shall at all times be so conducted as to create no offe e
or nuisance.
Section 15. 72. Nuisances Defined in Connection with Rendering Businesses.
Anyone .. all or a combination of the following conditions or places within the
jurisdictional limits of the City are hereby specifically declared to be a nuisance _
dangerous to public health punishable as such, and shall be abated.
a. Any condition or place allowed to exist which perm.its any
dangerous, lUl.Wholesome, nauseous, or offensive odors, gases
or fumes to escape into the open air in such amounts as to be
substantially offensive, discomfortable and annoying to any
comm.unity, family, or person of ordinary sensibilities, tastes,
and habits at a distance of more than two hundred (2001) feet
from the building, premises, or processing area whence said
odors, gases, or fumes eminated; or
b. Any ~ondition or place allowed to exist which constitutes a
breeding place for flies; or
c. Any condition or place allowed to exist where sewage., sewerage,
human excreta, waste water, garbage, or any other matter is
deposited, stored, discharged or exposed in such a way as to be
a potential instrument or ru.edium in the transmission of disease
to or between any person or persons; or
d. Any condition or place allowed to exist, harboring rats; or
e. Any condition or place allowed to exist which may be proven to
injuriously affect the public health; or
f. Any collection of water in which mosquitoes are breeding.
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Section 15. 73. Rules for Operation Of Rendering Businesses Gen-
erally. The basic requirements essential for the operation of render-
ing businesses are specific in Texas State Department of Health_. Div-
ision of Veterinary Public Health's "Regulations Governing Rendering
Establishments"., hereto on file in the office of the City Secretary-
Treasurer, and made a part hereof by reference. In their interpret-
ation and application_. the provisions of Texas State Department of
Health_. Division of Veterinary Public Health ls "Regulations Governing
Rendering Establishments11 shall be deemed to be minimal in nature_.
and whenever the principles~ standards or requirements of any other
applicable provisions of this Code are higher or more restrictive_. the
latter shall control, but in no instance shall covered vehicles be re-
quired.
Section 15. 7 4. Authority of Director of Public Health to Establish
Rules and Regulations. The Public Health Director (City Health Office
is hereby empowered to promulgate and enforce such reasonable rules
and regulations as he shall deem necessary and proper to effectively
protect the public health and consistent with the provisions of this Arti-
cle.
Section 15. 75. Authority to Enter and Inspect Rendering Businesses.
The Public Health Director (City Health Officer) or his authorized rep-
resentative is authorized to enter and inspect all rendering businesses
at any reasonable hour or at any hour the business is in operation.
Section 15. 76. Building Permit; Approval of Plans. No permit or
license for the use., construction., reconstruction or repair of any
building or structure used or to be used as a part of a rendering busi-
ness shall be issued by any Department of the City until the plan there-
for shall show adequate means for carrying out the provisions of this
Article and until said plan shall have been approved by the Public Healt
Director.
Section 15. 77. Penalty for Violation of Article Provisions. Any per-
son being the owner., operator or person in charge at the time of the
establishment or any phase of the rendering business who shall violate
any provisions of this Article shall be deemed to be guilty of a misde-
meanor and shall upon conviction be punished by a fine not exceeding
two hundred ($200. 00) dollars. Every day on which a violation exists
shall constitute a separate offense.
SECTION 2. Separability. If any section, subsection_. sentence, clause., or
phrase or portion of this Ordinance is for any reason held invalid or unconstitutio -
al by any court of competent jurisdiction_. such· portion shall be deemed a separate
distinct and independent provision and such holding shall not affect the validity of
the remaining portions hereof.
SECTION 3. Repealing Clause. All ordinances or parts of ordinances in co -
flict with or inconsistent with the provisions of this Ordinance are hereby repeale
provided that said repeal shall apply only to the extent of such conflict or incon-
sistency.
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SECTION 4. Publication. The City Secretary is authorized and directed
to cause the publication of the descriptive caption of this Ordinance together
with the penalty provision as an alternative method of publication as provided
by law.
SECTION 5. Effective Date. The terms and provisions of this Ordinance
shall not become effective or apply for a period of 30 days to any person,
firm or corporation operating a rendering establishment within the City limits
and one mile beyond of the City of Lubbock on the date this Ordinance is finally
adopted.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 14th day of December , 1967.
Passed by the City Council on second reading this t day of December, 19 67.
ATTEST:
Lave
APPROVED: ..
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Fredo. Senter,~(lity Attorney