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Ord 1326 7/21/1941 ORDINANCE NO. AN ORDINANCE providing for the health and sanitation and for the collection, removal and disposal of garbage, trash and rub- bish, within. the City of !,'Vich-lta Falls, Texas ; requiring all owners, tenants or occupants of residences or buildings within the City of V-Pichita Falls , to provide a garbage can for garbage, and a receptacle for trash or rubbish; specifying when said cans and receptacles shall be emptied and fixing t�e fee to be charged to each owner or occupant or tenant of premises to be paid for such removal and cleaning; providing the method and time of pay- ment of the fee for the removal of said garbage and rubbish; authorizing, the Board of Aldermen of the City of Wich.lta Falls to enter into a contract with some competent person, firm or corporation for the removal and disposal of garbage, trash or rubbish with��he City of �-Ilichita Falls; definine- certain words used in this ordinance ; fixing the penalty for violations here- of; repealin�--' all ordinances or parts of ordinances in conflict herei�,jith; providing for a saving clause in event any part of this ordinance should be held invalid; and declaring an emer- gency. BE IT ORDAINED BY TEE BOARD OF ALDERMEN OF T17E CITY OF WICHITA FALLS, TEXAS: SECTION 1. That every owner, occupant, tenant or lessee using and occupying any residence, buildingo house or struc- ture, within the corporate limits of the City of 'Jichita Falls, shall provide and maintain 7arba�7e cans and receptacles for refuse and rubbish, such cans an� receptacles to-be of the kind and character hereinafter specified and each of said owners., occupants or lessee as aforesaid shall place said cans and receptacles and maintain the same at the place or places specified in this Ordinance . SECTION 2. That each of said owners , occupants or lessee as herein defined shall provide one garbage can constructed of some substantlal metallic material, water-tight, having a tight metal lid or cover and with substantial handles on the side and such ,,-arbaUe can shall be of the folloivinC, capacity, to-wit: ( 1) For all private houses of not more than ten rooms, 4-- gallons capacity. i, (2) For all rooming houses or daelling houses of more than ten rooms capacity, store, hotels , restaurants, business houses and office build-1-Ings, one or more ten �-allon capacity. SECTION 2-a . Every oi,�lner, occupant or lessee as defined M this ordinance shall in addition to providing the garbage can set forth in the preceding paragraph, provide and maintain a suitable receptacle, or container, for dry garbage, trash and refuse . SECTION 2-b. It shall be unlawful for any person other than said rarbage collector, as hereinafter defined and author- ized, to collect or dispose of any garbage or to haul or trans- port or conve-7 said garbage within the City of "Vichita Falls . 1) SECTION 3 . The word "viet" garbage shall be held and con- strued to mean all animal or vegetable matter, such as waste material from kitchens, grocery stores , butcher shops, res - taurants, cafes, hotels, roomi�2' and. boardinE,, houses, such as , p -'s of fruit and vegetables . scraps of meat, bread, bones eelin.�, ORDINANCE NO. Page #2 SECTION 3-a. The term "dry" garbage as used herein shall be held and construed to mean refuse, trash, rubbish, such as feathers, coffee grounds, and tin cans, paper, boxes, glass, ashes, cinders, rocks, old clothes and shoes, broken dishes, and utensils, old iron, tin, zinc, and all kinds of junk and useless material and waste of every description, including grass, shrubs and tree trimmings and/or cuttings . SECTION 3-b . Manure from private stables or offal or refuse from animals, or night soil and dead animals, and all other waste not herein' mentioned, must be kept in a separate suitable receptacle and not dumped in the alleys or retained on the premises and be- come a nuisance; the same to be disposed of by the owner . The shall enforce this section of the ordinance as provided by ordinances now existing as may be declared a nuisance under the health -laws f this City and State . It shall be the duty of the irector of the De- partm nt o 156­a`lfr"c"=_Awi��n 'YOU 1 01- Z 14?� to see that said removal 'i's�p r��omp t��ym�ae w We n s too r�de r e!d. SECTION 3-c . It shall be unlawful for any person or persons to burn trash or garbage within the City limits of 'dichita Falls , Texas, as provided herein, and as provided under existing ordi- nances pertaining to the burning of trash and setting -of fires wit#in the City limits of 1,11fichita Falls , Texas . SECTION 3-d. The lids o--o covers of such garbage and refuse cans shall at all times be kept on and fastened so that flies and other insects may not have access to the refuse contained therein and shall only be removed while emptying additional gar- bage or refuse therein, or while the contractor or person authorized is removing such garbage or unloading the same for disposal. SECTION 4. All garbage cans for wet garbage situated at residences shall be emptied semi-weekly at all times from the first day of May to October, inclusive, and from the first day of November to April, inclusive, weekly, by the person under contract with the City to perform such work; provided, however, that all business concerns situated within the corporate limits of the City, such as grocery stores, restaurants, hotels, produce houses and/ or such other places of business that accumulate large quantities of garbage, trash, or refuse shall receive a daily pick-up; pro- vided, however, the service in the present Fire Zone of the City shall consist of not less than one daily pick-up of all garbage, trash and refuse from all places of business situated in said Fire and/or as many other pick-ups as may be necessary to properly handle and dispose of all trash, garbage and refuse in a proper and satisfactory manner to the City of Y.Tichita Falls . The term 11pick-up" as used hereM shall include the emptying of all re- ceptacles or containers in use at said place of business or residence by the contractor, or City, as the case may be . SECTION 5. The owner, occupant or lessee of said premises as defined in this ordinance shall at all times keep and main- tain such cans and receptacles at the rear of the lot or premises abutting on the alley or in such place that the same may be readily accessible to the contractor,, or City, as the case may be, who removes such garbage and refuse . SECTION 6 . The City of lVichita Falls , Texas, is hereby set apart and divided into three zones for classification, payment, and for administrative purposes in handling, collecting and dis- posal of such trash or garbage as set forth in this ordinance as follows: ZONE NO. 1: Zone No . 1 shall include qnd constitute the area within the present Fire Limits of the City of Wichita Falls , Texas . ORDINANCE NO. - PaEe #3 ZONE NO. 2: Zone No . 2 shall constitute and em- brace all the territory within the City of Wichita Flails North and East of the Ft . Vlorth & Denver City Railway Company tracks . ZONE 'NO . 3: Zone No. 3 shall constitute and em- brace all territory within the City Limitis of '�`Vichita Falls , Texas , not included within the bounds of Zones 1 and 2. SECTION 7. That the charge for the gathering and removal of all garbage, trash and rubbish from all residences situated within the corporate limits of the City of Wichita Falls shall be fixed at a minimum of forty cents (40�) per month, per resi- dence, with this exception: All residences and/or places of abode, situated in Zone No. 2 above described, shall be charged at a minimum of twenty cents per month, per residence ; all stores, places of business and office buildings, restaurants, hotels, rooming houses, boarding houses, filling stations, parages, and all other types of business,, whether enumerated herein or not, situated outside of Zone No. 1 herein described, shall be charged at the minimum rate of One Dollar (01.00) per month, each; all business houses situated within Zone No. 1 as described herein, with the exception of hotels, cafes, barber shops and beauty shops, shall be charged a minimum rate of Two Dollars ($2.00) per month. The charges fix6d herein for the removal and disposal of all garbage, trash or rubbish shall be entered by the City of Wichita Falls, in their respective amount, as a charge against such person, or persons, owner, occupant or lessee, and the amount fixed herein shall be collected monthlIT @S all other City charges are collected; provided, however, that should any place of busi- ness not be specifically designated by name herein, it shall be charged on the same basis as businesses of like or similar nature situated within the same Zone ; provided, however, that if the Board of Aldermen at any time shall change the time of PaVment of water service, all garbage, trashp and rubbish payments a.hall become due and payable at the same time . SECTION 6 . The Board of Aldermen may enter into a con- tract with some suitable person or persons, firm or corporation for the removal and disposal of said garbage and refuse, ard. such contract to continue in force for a period of not less than five years, provided such contractor or garbage collector shall fur- nish a Rood and sufficient bond of not less than Fifteen Thousand Dollars 15, 000.00) by a good and solvent surety company, con- ditioned for the faithful performance of such contract and all the requirements of this ordinance . SECTION 9. Any person or persons, firm or corporation, who receives such contract from the City of Wichita Falls shall provide not less than twelve (12) trucks, to be equipped from a sanitary standpoint with the most modern and standardized bodies, particularly suited to the business, and of this number at least one for the collection of wet garbage in the 1"ire Zone shall be equipped with cess pobl facilities . SECTION 9-a . The gatherinE 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, and the service of Cathering and disposal of all garbage, trash and rubbish provided for herein shall include the same when accidentally or illegally scattered and/or dumped within the corporate limits of the City and all houses or places of abode without water meters . SECTION 9-b. The contractor shall assume all the respon- sibilities of the City as to dump ground and shall furnish and ORDINANCE NO. - Page #4 maintain dump Ground and all facilities in connection therewith, free of all cost to the City. SECTION 10. It is hereby made the duty of the the City of 'ffichita Falls, a-r &ma emj;4oyQ@ to make regular inspection trips at stated intervals of two weeks apart to determine whether such garbage is being properly disposed of and to further determine if receptacles of the kind required by this ordinance have been obtained by the persons required to use the same under this ordinance and it is hereby made the duty of such inspector to report to the City Attorney any person or persons , firm or corporation, failing to comply with this ordinance in any particular, the City Attorney is required to institute the necessary proceedings to prosecute such offender as provided herein. SECTION 11 . Any person or persons, firm or corporation who violates any of the provisions of this ordinance or who falls to provide the necessary Garbage can as therein required, or shall allow the premises occupied to become unsanitary, or who shall in any manner violste any of the provisions of this ordi- nance shall be deemed Guilty of a misdemeanor and upon conviction shall be fined in any sum not less than Five Dollars ($5.00) and not more than Two Hundred Dollars (01200.00) for each offense and a failure to comply with this ordinance shall be deemed a continuinE offense and each day? s continuance of a failure to comply therewith shall constitute a separate and distinct offense for each of said days . d 4!pe 84 0--. -;C '--h-a ITI To aFy, __otE_e-r"mP_LuyU9u VT-tnu CTtor. SECTION 110.0--<11 ordinances and parts of ordinances in con- flict with this ordinance are hereby expressly repealed . SECTION 11,- Should any section, paragraph, sentence, clause or phrase of this ordinance be declared unconstitutional or in- valid, for any reason,, the remainder of said ordinance shall not be affected thereby. SECTION IA1. The fact that there is now no adequate ordi- nance covering the removal and disposition of garbage, trash or rubbish in the City of Wichita Falls , Texas, and such condi- tions as exist menace the health of the people of the City, and create an emergency requiring the suspension of the rule requiring ordinances to be read on three separate days, and this ordinance is now here placed on its third and final reading, and the rule is hereby suspended, and this ordinance shall become effective immediately upon its passage, and upon its publication as pro- vided by law, and it is so enacted . PASSED AND APPROVED, this the day of A. D. 1941 . W. E. Fit—zgeraid, 11ayor ATTEST: City Clerk .