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HomeMy WebLinkAboutORD 606- ORD Prohibiting Dumping, Throwing, Placing or Discharging of Insanitary Materials or substances JlIIIII '. II. ~, _ ~ ~" . 3 ORDINANCE NO. 606 AN ORDINANCE PROHIBITING THE DUMPING, THROWING, PLACING OR. DISCHARGING OF INSANITARY MATERIALS AND SUBSTANCES INTO POOR FARM GULLY FROM ANY PLACE WITHIN THE JURISDICTIONAL LIMITS OF TI-IE" CITY OF V'lEST UNIVERSITY PLACE, TEXAS; DEFllJING TERMS AND DEFINING SUCH DUMPING, THROWING, ,PLACING OR DISCHARGING OF SUCH SUBSTANCES AND MP,TERIAL TO BE A PUBLIC NUISANCE; AUTHORIZING INSPECTIONS BY THE CITY HEALTH OFFICER; PROVIDING FOR THE ABATEMENT OF NUIS~MCES; PROVIDING PENALTIES FOR THE VIOLATION OF THE PRESCRIBED PROHIBITIONS AND DECLARING AN EMERGENCY. n ;J WHEREAS, Poor Farm Gully, a drainage ditch forming part of the drainage system of the Braes Bayou Water Shed, flows through the City of West University Place beginning at the South right-ai-way line of Bissonnet street in the 3600 Block and extending South a distance of 7,031 feet leaving the jurisdictional limits of the City of West University Place at the North right-of-way line of Bellaire Boulevard, such drainage ditch being wholly within the jurisdictional limits of the City of West University Place from the South boundary line of Bissonnet Street to the South boundary line of University Boulevard and such ditch being bounded on the West by Edloe Street and on the East by Virginia Street from University Boulevard South to the North right-of-way line of Bellaire Boulevard said Virginia Street being wholly within the City of West University Place; and, WHEREAS, the insanitary conditions existing ,in Poor Farm Gully as the same lies within said jurisdictional limits of West University Place creates a public nuisance and endangers the health and welfare of the citizens of the City of West University Place, Texas; and, o 1h'HEREAS, the City Commission of the City of West University Place, Texas, after thorough investigation by and report from its sanitary engineer finds that a considerable amount of garbage, trash, brush, animal'entrails, tin cans and other insanitary refuse is being dumped or placed in said Poor Farm Gully and within said jurisdictional limits, thereby adding to the general insanitary condition due to the polluted nature of the water flowing in said stream and it is the desire of the City Commission of the City of West University Place to rectify in so far as is possible such insanitary condition by the prohibition of the placing, dlimping or discharging of any type of garbage, trash, brush or other matter is said Poor Farm Gully and to provide penalties for persons so placing, dumping or discharging such garbage, trash, brush or other matter: NOW, THEREFORE, BE IT ORDAH-,1ED BY THE CITY OF WEST UNIVERSITY PLACE, TEXAS, THAT: Section 1. It shall be unlawful for any person to dump, throw, place or discharge any sewage, hlli~an excreta, waste waters, garbage, trash, dead animals, brush, lavm trimmings, organic materials including animal entrails and offal, tin cans, or any type of deleterious substance into Poor Farm Gully from any point within the jurisdictional limits of the City of West University r-l Place, Texas. And it shall further be unlawful for any person to dump, place ! ;. or throw any type of material into said Poor Farm Gully from any point wi thin i------.J the jurisdictional limits of the City of West University Place, Texas, so as to block or partially block the natural flow of water through such ditch so as to cause stagnan~ pools of water in the natural course of said stream. 59;, Section 2. It shall be unlawful for any owner of any businees establishment or any employee of such establishment which abutts Poor Farm Gully but which lies within one of the retail business district areas of the City of West University Place, Texas, to dump or discharge or cause or permit to be dumped or discharged any garbage, trash, rubbish, animal remains or any food substances into Poor Farm Gully. Section 3. All of the'materals and substances as referred to in Sections 1 and 2 of this ordinance shall be considered to have the ordinary meaning of the material,s and substances so named unle~s the same are separate defined in the City's health and sanitary code and in such instances such materials and substances shall be considered within the meaning of the defi- nition fuherein used. Section 4. The dumping, othrowing or discharging of the materials and substances referred to in Sections I and 2 of this ordinance into Poor Farm Gully are specificallyaefined to constitute public nuisances. Section 5. It shall be the duty of the City health officer to inspect Poor Farm Gully at frequent intervals and he is hereby authorized and empowered to enter any portion of any public or private property or premises for the purpose of investigating any complaint concerning the dumping, placing, or discharging of garbage, trash and other forms of in- sanitary materials and substances in Poibr Farm Gully and the City health officer shall institute corrective measures for the abatement of such dumping, placing and discharging of such materials and substances in said Gully. ,Section 6. Upon receiuing complaints or information of any kind regarding the existance of a condition constituting a nuismce as herein defined, the Ci ty health officer shall immediately investigate the condition and upon finding that a nuisance exists, he shall order its Cl,batement within" such time as he deems reasonable. All expenses incurred in the abatement of such nuisance shall be paid by the person responsible for them. Section 7. Any person or corporation violating any of the provlslons of this ordinance shall be guilty of a misdemeanor, and upon conviction shall be fined not less than. $25.00 and not more than'$200.00 and each day this ordinance is violated shall be deemed a eeparate offense and subject to like penalty. ,Section 8. Any ordinance or part thereof in conflict with this ordinance is hereby repealed. _ Section 9. The insanitary condition existing in Poor Farm Gully creates a hazard to public health and the general welfare of the citizens of the City of West University Place, Texas, and the need for the correction of which creates a public emergency; therefore, this ordinance shall take effect and be in force and effect from and after the date of its passage by the City Commission and its approval by the Mayor. JlIIII J Passed this the 23rd day of, June, A.D. 1952. Commissioners Nisbet, Mooney, Holman and Mayor Terry Commissioners None I", ,',.. .. __ II ..,I Voting Aye Voting No Approved this 23rd day of June, 1952. . ,I ~ A,TTEST: ~~ Approved as to Form; City Attorney II , I I' ~ it I , I LJ .11 ! , ; i l-.J