HomeMy WebLinkAbout02570 ORD - 07/29/1949. AN ORDINANCE
AN ORDINANCE PROVIDING FOR THE COLLECTION, IUMOVAL AND DISPOSAL OF
GARBAGE, TRASH AND RUBBISH ITITHIN THE CITY OF CORPUS CHRISTI, TEXAS;
DEFINING TRW; REQUIRING ALL OdPNERS, OCCUPANTS, TENA14TS OR LESSEES
OF R"NSIDENCES, CHURCHES, SCHOOLS, COLLEGES, LODGES, AND CMERCIAL,
INDUSTRIAL BUSINESS OR OTHER BUILDINGS WITHIN THE CITY TO PROVIDE
CONTA;WERS AND RECEPTACLES WITH COVERS FOR GARBAGE AND TRASH; SPECI-
FYING THAT CONTAINERS AND RECEPTACLES BE PLACID AT CONVENIENT LOCA-
TIONS ON THE PREMISES 'NH= THEY WAY BE EMPTIED AND THE C014TE14TS RE-
MOVED AT REGULAR INTERVALS; PROHIBITING ANYONE EXCEPT AGENTS OR al-
MYEES OF THE CITY OF CORPUS CHRISTI FROLi EMPTYING CONTAINERS OR
RECEPTACLES OR TRANSPORTING THE CONTENTS THEREOF ON THE STREETS AND
PUBLIC THOROUGHFARES WITHOUT A PERMIT FROM THE CITY COUNCIL; PRF-
SCRIBING REGULATIONS FOR THE SECURING OF PEFISITS; FIRING SCHEDULES OF
REASONABLE CHARGES TO BE MADE AGAINST GMERS, OCCUPANTS, TENANTS AND
LESSEE'S OF BUILDINGS AND PREMISES RECEIVING THE SERVICE, REQUIRING
THE DIRECTOR OF THE DEPARUMT OF PUBLIC HEALTH TO IUKE PERIODIC
INSPECTIONS OF BUILDINGS, PRINTSES AND ALL PLACES WHERE GARBAGE,
TRASH, AND RUBBISH MAY ACCUMULATE AND ENFCRCE AND AJUINISTER THE PRO-
VISIONS OF THE ORDINANCE; PROVIDING A SAVING CLAUSE IN THE EVENT ANY
PART OF THE ORDINANCE SHOULD BE DECLARhD UNCONSTITUTIONAL; FIXING A
PENALTY FOR THE VIOLATION THEREOF; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS.
Section 1. The accumulation of waste, refuse, trash and other deleterious
substances on the premises of private residences, commercial institutions and
in streets and alleys constitutes a public menace and nuisance and greatly
increases the danger of the spread of infectious, contagious and epidemic
diseases, and it is imperative and urgent for the preservation of health,
safety, sanitation, peace and public welfare that proper and adequate re '-
lations be adopted to require property owners, tenants, occupants or lessees
to secure containers and receptacles of sufficient size and material in which
to deposit garbage and trash for collection and removal at regular intervals.
Section 2, The term „garbage" as used in this ordinance shall be held
to mean all animal or vegetable matter, such as waste material and refuse from
kitchens, residences, grocery stores, butcher shops, restaurants, cafes, hotels,
rooming and boarding houses, and other deleterious substances,
The term "trash" as used in this ordinance shall mean rubbish, such as
feathers, coffee grounds, ashes, tin cans, paper, boxes, glass, grass, shrubs,
Yard cleanings, grass clippings, leaves and tree trimmings.
Section 3, That every owner, occupant, tenant or lessee using or occupying
any building, house or structure within the corporate limits of the City of
Corpus Christi, Texas for residences, churches, schools, colleges, lodges,
commercial, business and other purposes shallprovide and maintain garbage
cans and receptacles of sufficient number and size, as hereinafter specified,
to hold the garbage and trash that will normally accumulate on the premises.
Section 4. That each of said owners, occupants, tenants, or lessees
shall provide a container or containers for garbage of not less than ten (10)
nor more than thirty (30) gallons capacity, constructed of some substantial
material, with a tight - fitting lid or cover and with handles sufficiently
strong for workmen to empty conveniently.
Section 5. -Every owner, occupant, tenant or lessee shall, in addition
to providing the garbage can or cans as hereinabove set forth, provide and
maintain a suitable receptacle or receptacles for trash of not less than
ten (10) nor more than thirty (30) gallon capacity, constructed of some sub-
stantial material with a tight- fitting lid or cover and with handles suffi-
ciently strong for workmen to empty conveniently.
Section 6. No one except the duly authorized agents and employees of
the City of Corpus Christi shall empty garbage cane or trash receptacles
or convey or transport garbage or trash on the streets, alleys and public
thoroughfares of said City without a written permit granted and issued by
the City Council, upon such terms and conditions as the City may provide.
Temporary permits may be issued upon the approval of the Director of Public
Works, valid for a period not in excess of thirty (30) days. Eayment of
the fee required for permanent permits and renewals of temporary permits
may be obtained upon the same terms and conditions as original temporary
permits.
Section 7. The lids or covers of all containers shall at all times be
kept secure and fastened so that flies and other insects may not have access
to the contents thereof, and said lids or covers shall only be removed while
the said containers and receptacles are being filled or emptied as the case
may be.
Section 8. If the house, building or premises from which the garbage
is to be collected and removed is adjacent to an alley, the owner, occupant,
tenant or lessee of said premises is required to keep the garbage can at the
entrance from the alley in order that it may be easily accessible to the one
collecting and removing the garbage. In the event it is not practicable to
collect and move the garbage from an alley, the owner, occupant, tenant or
lessee of the premises shall place the can at such point as the agent of the
City shall find and designate to be the most accessible for collecting and rem
moving.
The receptacle for trash shall be placed at the point found and designated
by the agent of the City as the most accessible for collecting and removing.
In the event trash is of such a nature that it cannot be put in the receptacle,
it shall be carefully placed in bundles under fifty (50) pounds so it can be
removed conveniently, and tree limbs, trunks and hedge cuttings shall not ex-
ceed five (5) feet in length.
Section 9. The collection and removal of garbage and trash from houses,
buildings and premises used for residential purposes shall be divided into
classifications as hereinafter provided.
Fair and reasonable charges for this residential service shall be and
are shown in terms of dollars and cents for each classification for a calen-
dar month as £ollowst
Single Family Dwelling Unit $1.00
Two Family Dwelling Unit
Each Family Dwelling Unit 1.00
Garage Apartment
Each Family Dwelling Unit 1.00
Group Housing - 3 or more houses at
same collection point
Fach Family Dwelling Unit .75
3 or more Family Dwelling Unit
Apartment
Fach Family Dwelling Unit ,75
As available, as determined by the Director of Public Works, additional
garbage collection services, such as side or rear door pick up, may be ob-
tained by written request made to the office of Public Utilities, Collection
and Billing Department, on the form prescribed by said office, containing the
agreement of the house owner, occupant, tenant, or lessee that upon failure
to pay garbage collection charges the water service may be discontinued, said
special services to be at a rate of not to exceed double the regular rate.
Fair and reasonable charges for side or rear door pick up of garbage,are
hereby found to be and fixed as follows;
0 feet to 60 feet 1' times the regular fee
60 feet to 100 feet 1T times the regular fee
Over 100 feet 2 times the regular fee
The distance shall be determined as the distance necessary for the
collector to travel, one way, from the curb line to the point of pick up.
The point of pick up shall be fixed at such a point as not to make it
necessary that the collector open or close any gate or encounter or come in
contact with any dog.
Section 10. The collection and removal of garbage and trash from houses,
buildings and premises used for commercial and business purposes shall be -
divided into 16 classes. Class I to VIII, inclusive,. shall embrace all
commercial and business institutions which have their garbage and trash
removed six days each week. Class IA to VIII —A, inclusive, shall comprise
thosa receiving this service three days each week.
Charges per calendar month for this commercial and business service,
which are fair and reasonable, shalt be as follows;
Class I $20.00 Class I —A $$10.00
Class II 111.00 Class II —A 7.00
Class III 10.00 Class III —A 5.Oo
Class IV 8.00 Class IV—A 11.00
Class 7 7.00 Class V A 3.50
Class VI 6.00 Class 7I —A 3.00
Class VII 5.00 Class VII —A .2.50
Class VIII 11.00 Class VIII —A 2.00
After a careful survey and investigation, the business and commercial in-
stitutions in the City of Corpus Christi have been divided into fair and
reasonable classifications. In the diagram and schedules hereinafter appearing,
certain numbers are shown in the column under each class. They represent the
minimum square feet of floor space of the particular kind of commercial or
business concern for which account is taken, and they are enumerated with their
respective designations as follows
Buildings,Garages,Service Stations,
Parking Lots
Hotels,Rooming Houses, Furnished Rooms,
Residential Group Housing, Courts,
Tourist Courts, Motels
Real Estate, Insurance, Loans, Ab-
stracts,Lodges,Travel Bureaus, etc.
Elec.Supply, Scien.Labs, Oil Supply
Firms,Creameries,Tailor Shops, Mfg.,
Bindery, Fixtures
Theatres, Liquors, Pool, Bowling Clubs
Hatters,Clean ng,Barber,Beauty, Bath,
Printers ,Engraving,Reproductim,Etc.
Warehouses ,Wholesale,Produce,Frt. Exp.,
Bus Depots, Railroads, Tires
Studios,Photographers,Art,Furn.,Weld-
ing,Auto Supply,Motors,Dept.Stores,
Paint Stores,Sporting Goods & Un-
classified
Jewelers
Cptometrists,Dentists,Florists,Shoe,
Repair,Retail Shoes, Hospitals &
Clinics
Clothing,Dry Goods
Conf.Candy, Bakeries,Fruits,Cigars
Groceries,Fish & Meat Markets
Cafes,Cafeterias, Sandwich Shops
Drugs and Pharmacies
35,000 30,000 25,000 25,000
17,500 15, Goo
Class
Class
Class
Class
8,335
I
II
III
IV
6,250
I -A
II A.
III -A
IV -A
Buildings, Garages, Service Stations
5,000
4,170
4,170
5,000
Parking Lots
100,000
70,000
50,000
40,000
Hotels, Rooming Houses, Furnished Rooms,
3,125
3,890
3,335
2,780
Residential Group Housing,Courts,
3,500
3,000
2,5GG
2,500
Tourist Courts,, Motels
50,000
35,000
25,000
20,000
Real Estate, Insurance, Loans, Abstracts,
1,250
1,250
1,667
1,428
LGdges,Travel Bureaus etc.
33,30
23,330
16,670
13,330
3lec. Supply,Scien. Labs, Oil Supply
854
732
610
610
Firms.Creameries, Tailor Shops,Mfg.,
Bindery, Fixtures
25,000
17,500
12,500
10,000
Theatres, Liquors,Pool,Bowling Clubs
20,000
114,000
10,000
8,000
Hatters ,Cleaning,Barber,Beauty,Bath,
printers ,Engraving,Reproduction,etc.
16,670
11,670
8,335
6,670
Warehouses ,Wholesale,Produce,Fruit DT.;
Bus Depots, Railroads, Tires
14,285
10,000
7,145
5,715
Studios, Photographers,Art, Furn.,
Welding, Auto Supply, Motors, Dept.
Stores, Paint Stores, Sporting Goods
& unclassified
12,500
8,750
6,250
5,000
Jewelers
11,110
7,780
5,550
4,445
optometrists, Dentists, Florista, Shoe,
Repair, Retail Shoes, Hospitals, &
Clinics
10,000
7,000
5,000
4,000
Clothing, Dry Goods
91090
6,364
4,545
3,636
conf.Candy,Bakeries,Fruits, Cigars
5,000
3,5oo
2,500
2,000
Groceries,Fi.sh & Meat Markets
4,762
3,333
2,381
1,905
Gafes,Cafeterias,Sandwich Shops
3,846
2,692
1,923
1,538
Drugs and Pharmacies
2,439
1,707
1,220
976
Class
Class
Class
Class
V
VI
VII
VIII
V A
PIA
VII -.
VIIIA
Buildings,Garages,Service Stations,
Parking Lots
Hotels,Rooming Houses, Furnished Rooms,
Residential Group Housing, Courts,
Tourist Courts, Motels
Real Estate, Insurance, Loans, Ab-
stracts,Lodges,Travel Bureaus, etc.
Elec.Supply, Scien.Labs, Oil Supply
Firms,Creameries,Tailor Shops, Mfg.,
Bindery, Fixtures
Theatres, Liquors, Pool, Bowling Clubs
Hatters,Clean ng,Barber,Beauty, Bath,
Printers ,Engraving,Reproductim,Etc.
Warehouses ,Wholesale,Produce,Frt. Exp.,
Bus Depots, Railroads, Tires
Studios,Photographers,Art,Furn.,Weld-
ing,Auto Supply,Motors,Dept.Stores,
Paint Stores,Sporting Goods & Un-
classified
Jewelers
Cptometrists,Dentists,Florists,Shoe,
Repair,Retail Shoes, Hospitals &
Clinics
Clothing,Dry Goods
Conf.Candy, Bakeries,Fruits,Cigars
Groceries,Fish & Meat Markets
Cafes,Cafeterias, Sandwich Shops
Drugs and Pharmacies
35,000 30,000 25,000 25,000
17,500 15, Goo
12,500
12,500
3.1,670
10,000
8,335
8,335
8,750
7,500
6,250
6,250
7,000
6,000
5,000
5,000
5,835
5,000
4,170
4,170
5,000
4,285
3,570
3,570
4,375
3,750
3,125
3,125
3,890
3,335
2,780
2,780
3,500
3,000
2,5GG
2,500
3,182
2,727
2,272
2,272,
1,750
1,500
1,250
1,250
1,667
1,428
1,190
1,190
1,346
1,155
962
962
854
732
610
610
The normal accumulation of garbage and trash in houses, buildings and
premises used for business and commercial purposes is hereby found and
determined not to exceed one (1) cubic yard of garbage and not to exceed
a total of ten (10) cubic yards of all substances per day, and in the event
that the garbage and trash to be collected from any house, building or pre-
mises exceed one (1) cubic yard of garbage or exceed ten (10) cubic yards of
all substances a day, then and in that event the owner, occupant, tenant or
lessee will be required to pay proportionately for such excess unless such
garbage and trash are collected and removed under a permit duly granted and
issued by the City Council.
'Section 11. The fair and reasonable rates for collecting and removing
garbage and trash from churches or other buildings and premises used fork reli-
gious worship have been found to be a minimum of one dollar (°$1.00) per month,
where such collection and removal is not required in excess of once each week,
with the amount increasing proportionately as the periodic collection and re-
moval increases.
Section 12. The fair and reasonable rates for collecting and removing
garbage and trash from buildings and premises used for schools, colleges, and
universities have been found to be a minimum of five dollars (65.00) per
month, where such collection and removal is not required in excess of three
times each week, with the amount increasing proportionately as the periodic
collection and removal increases.
Section 13. The fair and reasonable rates for collecting and removing
garbage and trash from buildings and premises used for lodges and fraternal
organizations have been found to be a minimum of one dollar ($1.00) per month,
where such collection and removal is not required in excess of once each week,
with the amount increasing proportionately as the periodic collection and re-
moval increases.
Section " The minimum service to be rendered in the various classes
herein specified shall be once each week and the maximum six times each week.
Charges for minimum service shall be determined proportionately, depending upon
the rates and classifications as hereinbefore provided, except that no minimum
charge shall be less than fifty cents ($.50) per month.
The rates herein specified are each and all hereby Pound to be fair
and reasonable. Such rates are hereby fixed as mzrm„m rates, and in the
event that it be determined that said rates or any one or more of them may
be reduced, upon the recommendation of the Director of the Department of
Public Works and the City Manager, such rate or rates may by motion be re-
duced by the City Council to such amount as the Council may determine is fair
and reasonable. Should any place of business not be specifically d esignated
by name, such error or omission will not relieve the Owner, occupant, tenant
or lessee of the binding effect of this ordinance, but the same charge shall
be made as that entered against a business of a like or similar nature.
Section 15. To avoid duplication in billing and as a convenience to
the public, all persons, firms or corporations, public or private, engaged
in furnishing or delivering water, either by conveyance or transporting the
same by containers or through the medium of pipes and connecting service,
wherein a charge is made for such service, shall be required to include the
fees for the service herein provided on the monthly bills, and such persons,
firms or corporations, public or private, shall, as a convenience to the
public, receive and issue receipts for the charges made in accordance with the
provisions Of this ordinance, and shall promptly remit the same to the City
of Corpus Christi monthly as the same accrues.
The collection, removal and disposal of all garbage, trash and rubbish
shall be carried on in a systematic and efficient manner, keeping the entire
city in a clean and sanitary condition.
Section 16, Every owner, occupant, tenant or lessee of a house or
building used for residential, business or commercial purposes is required to
maintain constant supervision and surveillance over the garbage can and trash
receptacle on his prmiises, and if either the garbage can or trash receptacle
should not be emptied and the contents removed by an agent or representative
of the City of Corpus Christi, or other duly authorized person, for a period
of five days, he must notify the Director Of public Health, in writing, of
this fact within five days.
Section 17. All garbage or trash that is mixed with water or other
liquids shall be drained before being put in the can or receptacle.
All animal matter that is subject to decomposition shall be well wrapped
in paper or other combustible material before being deposited in container or
receptacle.
Section 18. Any person, firm or corporation desiring a permit for the
collection, removal and disposal of garbage, trash and rubbish shall make
application for such permit to the City Council, who shall make and cause to
be made such investigation as they may consider necessary in order to determine
whether or not the public convenience and necessity requires the granting of
such permit and the amount to be charged therefor, and in no event shall the
charge exceed $10.00 per vehicle for each month of operation. All permits so
granted shall be non - transferable and said permit may be rescinded by the City
Council at any time in its judgment such action is deemed to the best interests
of the public. The City Council shall determine if the applicant is fit and
proper to conduct such business, and the application shall set forth the name
and address of the applicant; the trade-name under which the applicant does
or proposes to do business; the number of vehicles the applicant desires to
operate; the class, size and design of each vehicle; whether or not the
applicant has been convicted of the violation of any national, state or
municipal law; and whether or not the applicant, or any persons, firms or
corporations with whom he has been associated or employed have a claim or
judgment against him for damages resulting from the negligent operation of a
vehicle; the financial ability and responsibility of the applicant; his abi-
lity to respond in damages in the event of damages to personsor damage to
property by reason of the negligent operation of a vehicle or vehicles on the
streets or public thoroughfares of the city; the nature and character of the
service the applicant proposes to render; the experience he has had in rendering
such service; the patrons for whom he proposes to render this service, and such
other information as the City Council may require. in all cases where permits
have been issued, such permits shall be attached to the vehicle or vehicles
used for such purpose or shall be in the possession of the person rendering
such service, and shall be subject to inspection at all times.
All persons, firms or corporations serviced by a person, firm or corpora-
. tion having a collection permit as hereinabove provided shall be exempt from
the payment of the collection fees herein provided but shall be subject to
the same penalties as provided in this ordinance or arty other ordinance of
the City of Corpus Christi regarding sanitary conditions or penalties for
failure to remove garbage, trash, or refuse from the premises.
Section 19. The charges fixed herein for the removal and disposal of
all garbage, trash or rubbish shall be entered by the City of Corpus Christi
against such owner, occupant, tenant or lessee using or occupying any building,
house or structure receiving such service, and said charges shall be collected
as similar charges are collected. Any person who shall fail or refuse to pay
the charge herein specified within ten (10) days from the date same shall be-
come due and payable shall have his service suspended and the Director of Pub-
lic Health shall be notified immediately for appropriate action in accordance
with the provisions of this ordinance.
Section 20. It is hereby made the duty of the Director of the Department
of Public Health of the City of Corpus Christi to make inspection trips at
regular intervals to determine whether or not garbage, trash and rubbish is
xi being properly collected, removed and disposed of as required by the provisions
of this or any other applicable health ordinance, and in the event it is found
that the ordinance is being violated, appropriate and timely action shall be
taken to insure a full compliance with its said provisions.
Section 21. Should any part, section, subsection, paragraph, sentence,
clause or phrase contained in this ordinance be held to be unconstitutional,
such holding shall not affect the validity of the remaining portion of the
ordinance, but in all respects shall remain in full force End effect, and the
City Council hereby declares that it would not have passed the unconstitutional
Part had it known it was invalid and that it would have passed the remaining
part that is not invalid.
Section 22. This ordinance shall be held and construed to be cumulative
Of all other ordinances affecting the health, safety, peace and sanitation of
the public in the City of Corpus Christi except in those instances where the
provisions of this ordinance are in conflict with the provisions of ordinances
heretofore passed, and all ordinances or parts of ordinances in conflict with
the provisions of this ordinance are expressly repealed.
Section 23. Any person, firm or corporation who shall violate any of
the provisions of this ordinance shall be deemed guilty of a misdemeanor
and, upon conviction thereof, shall be fined in any am not to exceed One
Hundred Dollars ($100.00), and each offense and each dayts continuance of
failure to comply with the ordinance shall constitute a separate and distinct
offense.
Section 24. The fact that the health and the safety of the public are
being jeopardized and vitally affected daily by the accumulation of garbage,
trash and rubbish in and on the premises of residences and on the premises
of business, commercial and industrial enterprises, and on streets, thorough-
fares and public places of the City of Corpus Christi, that such accumulation
creates a danger of the spread of infectious, contagious and epidemic diseases,
and that the present ordinances and regulations are insufficient to afford
adequate protection against the menace, and that there is an urgent public
need in the preservation of the health and safety of the people creates a
Public emergency and imperative public necessity requiring a suspension of
s
the Charter rule providing that no Ordinance or Resolution shall be passed
finally on the day it is introduced, and that such Ordinance or Resolution
shall be read at three several meetings of the City Council, and the Mayor
having declared that such public emergency and imperative public necessity
exists, and having requested that said Charter rule be suspended and that
this Ordinance be passed finally on the date it is introduced, and that this
Ordinance take effect and be in full force and effect from and after its
passage, it is so ordained.
PASSED AND APPROVED this the Pf day of July, A. D. 1949. -
�1 a��a
City of Corpus Christi, Texas
TTEDT• ___Q��
o lCS_/Da .
U:LT,y secretary
APPROVED AS FORMi
L;1ZY Attorney
Corpus Christi, Texas
TO THE MEUERS OF THE CITY COUNCIL
OF THE CITY OF CORPUS CHRISTI
Gentlemen:
For the reasons set forth in the Emergency clause of the fore-
going Ordinance, a public emergency and an imperative necessity exist
for the suspension of the Charter rule or requirement that no Ordinance
or Resolution shall be passed finally on the date it is introduced,
and that such Ordinance or Resolution shall be read at three several
meetings of the City Council, I, therefore, hereby request that you
suspend said Charter rule or requirement and pass this Ordinance
finally on the date it is introduced, or at the present meeting of
the City Council.
Respectfully,
I/
MAC 1 ,Ubli t
City of Corpus Christi, Texas
The Charter rule was suspended by the (following vote:
Leslie Wasserman
Jack DeForrest
Barney Cott
Sydney E. Herndon
George L. Lowman
The above Ordinance was passed by the following vote:
Leslie Wasserman
Jack DeForrest
Barney Cott if
Sydney E. Herndon 1A'1 j
George L. Lomuan �y cV