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HomeMy WebLinkAboutOrdinance 1096 ORDMITCE NO. 1096 AN ORDINANCE REVISING CERTAIN SANITARY ORDINANCES OF THE CITY OF FORT WORTH, T:;�AS, PROVIDING FOR THE SUPERVISION OF SANITARY CONDITIONS ..ND DEFINING ND PROHIBITING NUIS NCES ITHIN THE CITY LIMITS AND OUT SIDE TIC' CITY LIMITS FOR A DIST NCE OF FIVE THOUS- ND FEET; PRO- VIDING FOR THE SUPERVISION . ND ENFORCE- MENT OF SP.NIT:RY 'MA URES AT LASE ORTH, ITS STREAMS, DRAINS :'ND TRIBUT'RIES, AND "HE '. TER SHEDS THE MOF. DEFINING ND PROS =ITING THE COMAISSION OF NUISANCES IN SAID 'REA; AND GIVING AUTHORITY TO THE DIRECTOR OF THE DEP OMIENT OF PUBLIC HEALTH AND :-'.F RE TO ENFORCE THE ,ANITARY MEA.,URES PROVIDED Hi REIN AND TO PROVIDE AD- DITIONAL RULE: ND REGULITIONS NECESSARY TO POLICE SAID AREA; AUTHORIZING THE APPOINTMENT OF DEPUTIES r_ND CONFERRING FULL POLICE P0UERS UPON THE DIRECTOR OF ;.2HE DI PARTMENT OF PUBLIC HEALTH ND ELF..�RE AND HIS DEPUTIES; AND PRO- VIDING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT NORTH: SECTION.I. That the"Oity of Fort Worth shall have the power to define all nuisances and prohibit the same both within the city and outside the city limits for a d atance a -(5,000) feet and " prohibit the polution of any streams, drains or tributaries thereof which shall constitute the source of water supply of the City of Fort Worth and to provide for policing the same as well as to provide for the pro- tection of any water sheds and the policing of the same. SECTION II. The Director of the 4-apartment of Public Health e,3d ' 'elf-are shall have and is hereby given the supervision of all matters pertaining to sanitary conditions in the City of Fort Worth and to the Health of its inhabitants; and shall have and is hereby given i supervision of all matters pertaining to the sanitary conditions necessary to prevent and prohibit all nuisances outside of the corporate limits of the City of Fort Worth for a distance of five thousand (5,000) feet and to prohibit the pollution of any stream, drain or tributaries thereof which constitute the source of water supply to the City of Fort forth and to provide for policing the same as well as to provide for the protection of any water sheds and the policing of same; and shall have supervision and control of what is known as Lake Worth and all streams, drains and tributaries thereof as well as the water sheds thereto and such other supervision as necessary to prohibit and prevent the pollution of the Trinity River at Lake Worth, its drains and tributaries both within the corporate limits of the City of Fort worth and for a distance of five thousand (5,000) feet beyond said corporate limits with power and authority to prohibit the pollution of the same and to provide for policing the same as well as to provide for the protection of the water sheds of Lake Worth, its streams, drains and trib- utaries and with full power and authority to police the same within the corporate limits and for a distance of five thousand (5,000) feet beyond said corporate limits; and to supervise, regulate and control the sanitary conditions of and to prohibit and prevent the eonmission of nuisances in, around, and upon said lake and the water sheds thereof and the streams, drains and tributaries thereto and in and around and upon the premises occupied by any buildings, dwellings, barns, out- houses, camps and camp sites situated on the shores of Lake Worth within the corporate limits of the City of Fort Worth and for a distance of five thousand (5,000) feet beyond said corporate limits. Among other things the Director of the Department of Public Health and Welfare shall have full authority to deal with, prohibit and prevent nuisances of every kind on, in or upon Lake Worth and its drains, streams and tributaries and the water sheds thereto lying within the corporate limits of the City of Fort Worth and for a dis- tance of five thousand (5,000) feet beyond said corporate limits; and to make and prescribe quar- antine and other regulations framed to prevent the spread-of infectious and eommunicable or contagious diseases dangerous to the public health; and to maintain proper sanitary conditions on, in, and at Lake Worth, its streams, drains and tributaries and the water sheds thereto and in, upon and around the premises located on said water sheds and upon the premises occupied by any buildings, dwellings, barns, outhouses, camps or camp sites located within the corporate limits of the City of Fort Worth and for a distance of five thousand (5,000) feet beyond said cvrrerats limits,* He shall have the power to pre- scribe such rules and regulations as may be necessary to preserve and maintain the said Lake Worth area including its tributaries, drains and water sheds in a sanitary condition. SECTION III The Director of the Department of Public Health and Welfare shall have, and is hereby given full authority to appoint such assistants and deputies as may be necessary to enforce the provisions of this Ordinance, and he and his assistants and deputies are each hereby invested with the power and full police authority in enforcing the pro- visions and terms of all laws, rules, orders, or regulations made by competent authority, and par- ticularly the provisions of this Ordinance, and rules and regulations adopted by the Director of the Department of Public Health and Welfare, as provided for herein, and for such purpose, they are empowered to go upon the private premises of persons within the City of Fort Worth and outside of the corporate limits of this City for a distance of five thousand (5,000) feet, and upon Lake Worth, its drains, streams and tributaries, and the water sheds thereof, and the land surrounding the same, and all public places to make such inspections, examinations or investigations as they may deem advisable for the purpose of fully discharging their duties, and enforcing the provisions of any laws relative to the enforcement of their duties, and in addition to the power hereby given them, they shall have the full power to make or cause to be made, arrests of any persons found guilty of violating any laws or regulations, which pro- vides for the arrest or apprehension of any person violating any of their terms or provisions, and as such officers, invested with full police author- ity, they are hereby empowered to summarily abate nuisances as provided herein, and to enforce and carry out each and all of the provisions of this Ordinance. For the purpose of identifying any of the persons hereinabove named possessing the power Health and Welfare shall himself and his deputies have the power to summarily abate, remove and sup- press any and all nuisances which result in immed- iate, imminent or grave danger to the health and safety of the inhabitants of the City of Fort Worth or in the pollution of the waters of Lake Worth, its drains, streams and tributaries and the water sheds thereto; and shall have and is hereby given the add- itional power to place under quarantine and to summar- ily look up and close and to prevent the use and oc- cupation of any camp, camp site or toilets on which premises the provisions of this ordinanee are violated or on which premises the rules and regulations as pre- scribed by the said Director of the Department of Public Health and Welfare are not met and complied with and to cancel the lease thereon where rented from the City of Fort Worth, and no camp or camp site shall be re-let or the lease allowed to be either renewed or transferred to the same or any other person where such premises have not been kept in a sanitary manner or where the provis- ions of this ordinance or the rules and regulations as prescribed by the Director of the Department of Public Health and Welfare have been broken until a written permit has been issued by the Director of the Department of Rubli.a ,$ealth and Welfare- authorizing further occup- ation and use of said premises or the renewal, extension or transfer of such lease. SECTION V. GENERAL DEFINITION OF NUISANCES, Whatever is dangerous to human life or health, whatever renders the ground, the water, the air or food, a-hazard or injury to human life or health, is hereby declared to be a nuisance and the following specific, acts, conditions and things are among others each and all of them, hereby prohibited and made unlawful. SECTION VI. For the purpose of protecting the grater sheds of Lake Worth and the water supply of the City of Fort Worth all persons, firms and corporations are prohibited from keeping or maintaining any stable, stall, shed or apartment of any kind or yard in which any horse, cattle, cows, swine or fowls or any other animal shall be kept in which manure or liquid dis- charge of such animals shall collect or accumulate, so that such collection or accumulation may reach the water of Lake Worth, its streams, drains or tributar- ies; and the keeping or maintaining of such premises in the manner aforesaid is hereby declared to be a nuisance and any person, firm or corporation who shall keep, maintain or permit their premises to be kept or maintained in the manner aforesaid shall be deemed guilty of committing a nuisance. SECTION VII. No filthy water or liquid waste from any dwelling house, lodging house, tenant house, manufactur- er, came o_r camp site, toilet or any other house of any description shall be poured into Lake Worth, or be per- mitted in such a place as to reach Lake Worth, its drains, streams, or tributaries and such act, condition and thing is hereby declared to be a nuisance and is prohibited and made unlawful and any person, firm or corporation causing or permitting to be caused such acts, conditions and things or either 'of them in, upon or from their said premises shall be deemed guilty of committing a nuisance: SECTION VIII. No dead animals, or any part thereof, fish, decayed vegetables or food, filthy ashes, garbage, offal, rubbish, or filth of any kind which, by its decay or putrefaction could or would become offensive shall be placed or permitted to be placed or situated in such a manner that it will drain to- ward or reach Lake Worth, its drains, streams or tributaries and such acts, conditions and things, are each and all of them hereby declared to be a nuisance and are prohibited and made unlawful; and any person, firm or corporation creating or permit- ting such a condition on his premises to be, or to become, shall be deemed guilty of committing a nui- sance. SECTION IX. No slaughter houses, markets or meat shops where any hogs, beeves, or other animals are slaughtered shall be located where any of the re- fuse, discharge or contents thereof of any nature whatever shall be discharged into the Lake, its drains, streams or tributaries or in any place that it may reach Lake Worth; and no waste, rags, damaged _ _merchandise, wet,broken or leaking barrels, casks, boxes, shall be placed in any place so that any part thereof shall reach the Lake; and such specific acts, conditions, and things are each and all of them hereby declared to be a nuisance prohibited and made unlawful and any person, firm, or corporation who shall commit such acts or create such conditions and things or per- mit such acts to be done or conditions and things to be created upon his premises shall be deemed guilty of committing a nuisance. SECTION X* All privies, septic tanks, cess pools or toilets of other design or construction shall be constructed according to the direction of the Di- rector of the Department of Public Health and Welfare, and only upon a permit from this Department; and keep- ing or maintaining of any privies, septic tanks, cess pools or toilets of any character whatsoever not con- structed in accordance with the rules and regulations of the Director of the Department of Public Health and Welfare, and for which a permit has not been issued by said Department, is hereby declared to be a nuisance and prohibited and made unlawful and any person, firm or corporation who shall keep, maintain or use upon his premises any privy, septic tank, cess pool or toilet of other construction which is not constructed accord- ing to the rules and regulations of the Director of the Department of Public Health and Welfare or for which a permit has not been obtained from the Department of Public Health and Welfare shall be deemed guilty of 'committing a nuisance, SECTION XI. The method of cleaning and time of clean- ing of privies, toilets, septic tanks, cess pools, or other methods of construction shall be at the direction of and in accordance with the rules and regulations of the Director of the Department of Public Health and Welfare and only by a licensed privy or vault cleaner upon a permit obtained from the Director of the Depart- ment of Public Health and Welfare; and the cleaning by any other person without authority or license from the Director of the Department of Public Health and Welfare V shall be and is hereby declared to be a nuisance and is prohibited and made unlawful; and any per- son, firm or corporation who shall clean or permit the cleaning of any privy, septic tank, cess pool or toilet of other construction without having first obtained authority from the Director of the Department of Public Health and Welfare, or who shall not have a license and permit from said Director shall be deemed guilty of committing a nuisance. SECTION XII. No privy, vault, cess pool or water closet, or toilet, sink, bath tub or drain pipes, shall be constructed in such a manner that the effluent therefrom shall reach Lake Worth, its drains, streams or tributaries; and every cart, wagon or vehicle which shall be used to transport manure, garbage, swill or other loose material shall be fit- ted with a good and substantial tight box thereon, the sides of which shall be not less than 24 inches high and the tail board 24 inches high so that no part of such manure or other loose material shall be carried or thrown upon the ground; and all carts, wagons or other vehicles used for handling garbage, swill or other offensive matter shall have the bottom and top thereof closely covered with a sufficient cover- ing so as to prevent the escape or flying about of any of the contents or effluvia therefrom; and any person who shall construct or permit to be constructed upon his premises any privies, vault, cess pool or water closet, drain or drain pipes in such a manner that the effluent therefrom shall reach the waters of bake Worth, its drains, streams or tributaries shall be deemed guilty -of committing a nuisance; and any person, firm or corporation who shall transport or operate or permit to be transported or operated to, from or upon his premises any cart, wagon or vehicle used to transport manure, garbage, swill or other loose mat- erial not designed and kept in accordance with the terms hereof shall be deemed guilty of committing a nuisance; and it is further provided that no garbage, or any other swill or ,offensive matter or other mat- erial as named above shall be dumped, deposited or left any place other than at a dumping ground or place as may be designated by the Director of the Department of Public Health and Welfare, and it is provided that such places for dumping and the deposit of garbage or other material shallbe set forth in the rules and regulations made up by such Department and posted as herein provided, and such dumping ground shall be designated by appropriate markers, and their boundaries defined. SECTION XIII. The Director of the Department of Public Health and Welfare shall have and cause to be posted at t11Mb— M1c JAIMea alnsg Wises of Lake Worth printed copies of the rules and regulations of his Department with reference to the sanitation and prohib- ition of nuisances at Lake Worth, its drains, streams)(and tributaries and the water sheds thereof. One such notice shall be posted at each end of the Nine Mile Bridge and the third notice shall be posted at the south end Lake Worth Dam; and the Director of the Department of Public Health and Welfare shall furnish to all persons residing on the shores of Lake Worth and within five thousand (5,000) feet of the shores thereof a printed copy of such rules and regulations but failure to furnish a copy of such rules and regulations shall not be deem- ed to excuse any person, firm or corporation from compliance therewith; and copies of such rules and regulations may be procured at the office of the Director of the Department of Public Health and Wel- fare in the City Hall, Fort Worth, Texas, upon de- mand. SECTION XIV. All persons are prohibited from camping on the shores of Lake Worth or within five thousand (5,000) feet thereof except at public places des- ignated by the Director of the Department of Public Health and Welfare, which places shall be protected by adequate sanitary measures and shall be desig- nated in the published rules and regulations of the Department of Public Heal th and Welfare. SECTION XV. There shall be no seining in Lake Worth, its streams, drains or tributaries and the placing of dy fishing boxes or minnow boxes is prohibited einin .&hall._induct. -selAlma for minnow";! any sort of fish. SECTION XVI. Swimming, bathing or wading in the waters of Lake Worth is prohibited at all points below the Nine Mile Bridge and between the Nine Mile Bridge and the Like Worth Dam. m SECTION XVIII. No duck blinds shall be erected, placed or permitted to stand in or upon Lake Worth, its drains, N, streams or tributaries, within the area covered by this Ordinance, except on complianceXwith the following con- ditions to-wit: No person shall erect, maintain or keep a duck blind in the said waters, without first securing a permit from the Director of the Department of Public Health and Welfare, which permit shall be issued for one hunting season, beginning October 16th, and closing with such season, and the person procuring same, shall pay to the said Director, as a license fee therefor, the sum of $5.00, In. addition to securing the license or permit, any person, firm or corporation who desires to erect, keep or maintain a duck blind in said waters must have its location first approved by the said Director of the Department of Public Health and Welfare, or his authorized deputies, and the said Director shall have full power to control and limit the number of permits issued to any one person. All such duck blinds so erected, kept and main- tained shall be kept and donducted in a sanitary manner, and the permit or license issued therefor shall be revoc- able when in the discretion of the Director of the Department .QL public Health and Welfare such revocation is rendered necessary to secure proper sanitation. The blinds must _ _y not be closer toeach other than three hundred feet at any point on the Lake. Upon the revocation of the permit or license, the Director of the Department of Public Health and Welfare is hereby given summary authority, acting through himself or his deputies to remove and destroy such duck blinds, and may in addition, compel the removal of any duck blinds at the close of the hunting season, whenever, in his and authority herein given, the Mayor and City Manager, upon recommendation of the Director. of the Department of Public Health and Welfare, and the Chief of Police, is hereby authorized to issue to each andall of such persons, a reg- ular commission for the exercising and perform- ance of the police powers hereby conferred upon them; provided however, that the employment of any one shall be discontinued at any time,where- in it is deemed advisable by the City Council; and providing further that any such commission issued may be instantly revoked by the Director of the Department of Public Health and Welfare, and no such person shall thereafter exercise any such police power as provided herein. Such officers shall be entitled to wear a badge, which shall be worn by him while in the discharge of his duties. In the event of an emergency or upon other appropriate occasions, the Director of Public Health and Welfare may call upon the Chief of Police for assistance, as may be necessary for the enforce- ment of the provisions of this Ordinance, or other lsws, ipances, rules or regulations. SECTION IV. In addition to the penalties which may be imposed and exacted under the terms of this ordi- nance for the commission of nuisances or for the violation or infraction of the terms of this ordinance or of such rules and regulations as may be prescribed by the Director of the Department of Public Health and Welfare, the said Director of the Department of Public discretion, proper sanitf.4tion dear-.,nds such removal. All duck blinds now located in and upon the waters of Lake 7-11orth, its, drains, streams, And tributaries, and for five thousi-nd (5,,000) feet beyond said corporate limits are hereby declared to be a nuisance and must be summarily j?onoved by the Director of the Department of -Vublic "loalth and 'L;elfare or his deputies. SECTION XVIII. All persons are prohibited from landing upon the islands located in Lake -orth for any pru- pose 'whatsoever. S-1-C1'IOW qX. Any person, firm, corporation or' ar-lent .,rho causes, suffors or permiLs tiny nuisance as defined in the prededing sections or does any act prohibited In the prededing sctions shall be deemed ;,,uilty of an -P offence -nd shall itpon conviction '.-le fined, not less than ten dollars (-V'10.00) nor -,.-.,iore than t�-.ro hundred dollars C�200.00) and otich dayls continuance of any such nuisance, acts or condition shall constitute a seprtr,ate of,'enae punishable an such. The invalidity of any section, parlagraph, sentence, clouse or phrase hereof 3hall not be deemed to ef�ect the validity- of tiny remaining section or provision, p r a r,ph, sentence, clause or phrft;,se here- in, and the sex-ae shall continue to e in full force and effect. ,.Uhls ordinance shall be and Is hereby declared to cuy',mlative Of all othe.e ordinallices of U _e City of Fort not In direct conflict here�,Ath, ond ,jha],j not operate to ropeal or af- feet any sucl, ordinunce, or ordinances e--,zcePt to ti-je r_lltent -ahich it 1�my bc� in direct cOr-flict herewith. ,11"OT10" XXII, 7xjjs ordinance ahall by In full force and. (-;ffect froi�i -"ncl after thO, date Of Its pas- sage and publication r.m I-cqulred by law. k ORDINANCE No. - Title' Q' / — r i t=— a l o f `;ot J17t,91 lie Date ® H I'` Filed-- 2hdV day of w q" 19 City Secretary