HomeMy WebLinkAboutOrdinance No. 16ORDINANCE��1�*
AN ORDINANCE DEFINING CERTAIN NUISANCES AND UNLAWFUL ACTS
AND PROHIBITING SAME, IN THE CITY OF THE COLONY, TEXAS,
PROVIDING A PENALTY FOR THE VIOLATION HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS:
SECTION 1. GENERAL DEFINITION OF NUISANCE
Whatever is dangerous to human life or health, or what-
ever renders the ground, the water, the air or food a
hazard or injury to human life of health, or that is offen-
sive to the senses or that is or threatens to become
detrimental to the public 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
declared to be nuisances and against the general welfare,
and same are hereby prohibited and made unlawful.
SECTION 2. NOISE NUISANCES
A. (1) Any unreasonably loud, disturbing, unnecessary
noise which causes material distress, discomfort or injury
to persons of ordinary sensibilities in the immediate
vicinity thereof is hereby declared to be a nuisance and is
hereby prohibited.
(2) Any noise of such character, intensity, and
continued duration which substantially interferes with the
comfortable enjoyment of private homes by persons of
ordinary sensibilities, is hereby declared to be a nuisance
and is hereby prohibited.
B. The following acts, among others, are declared to
be noise nuisances in violation of this Article, but Luch
enumerations shall not be deemed to be exclusive, to wit:
(1) Radios: The playing of any radio, television,
phonograph or other musical instrument in such manner or
with such volum% particularly during the hours between ten
o'clock P.M. and seven o'clock A.M., as to annoy or disturb
the quiet, comfort or repose of persons of ordinary sensi-
bilities in any type of residence.
(2) Loud -Speakers: (a) The use of any stationary
loud -speaker or amplifier or musical instrument in such
manner or with such volume, particularly between ten
o'clock P.M. and seven o'clock A.M., that annoys and
disturbs persons of ordinary sensibilities in the immediate
vicinity thereof; (b) provided, however, that upon application
by the user of such devices, the City Council may make
special exemption or exception to this clause for such time
or times as the City Council feels will serve the public
welfare.
(3) Animals: The keeping of any animal or bird, which
by causing frequent or long -continued noise shall disturb
the comfort and repose of any person of ordinary sensibilities
in the immediate vicinity.
(4) Compressed Air: The use of any mechanical device
operated by compressed air, unless the noise to be created
is effectively muffled and reduced.
(5) Building: (a) The erection, including excavation,
demolition, alteration, or repair work on any building at
any time other than between the hours of six o'clock A.M.
and six o'clock P.M. except in case of urgent necessity
in the interest of public safety and convenience; (b) and
then only by permit from the City Council, which permit
may be renewed by the City Council during the time the emergency
exists.
(6) Noise near schools and churches: (a) The creation
of any excessive noise on any street adjacent to any school,
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institution of learning, or church w hile the same is in
session, or adjacent to any hospital, which unreasonably
interferes with the workings of such institutions; (b)
provided conspicuous signs or other evidences are displayed
in such manner as to indicate that such is a school, church,
or hospital street, or that such institutions are schools,
churches, or hospitals.
(7) Unloading: The creation of any loud and excessive
noise in connection with the loading or unloading of any
vehicle or the opening and destruction of bales, boxes, crates,
and containers.
(8) Shouting of peddlers: The raucous shouting and crying
of peddlers, hawkers, and vendors, which disturbs the peace
and quiet of the neighborhood.
(9) Preaching on streets: The loud speaking, preaching,
orating or exhorting by any person upon any public street
or sidewalk within the City Limits of The Colony, Texas.
(10) Drums, etc.: The use of any drum, loud -speaker, or
other instrument or device for the purpose of attracting
attention by creation of noises, such as speaking, music or
hallooing, to any performance show, theatre, moving -picture
house, sale of merchandise, or display, which causes crowds
of people to block or congregate upon the sidewalks and/or
streets near or adjacent thereto.
SECTION 3. OFFENSIVE ODOR NUISANCES
A. Any unreasonably noxious, unpleasant, or strong
odor, which causes material distress, discomfort, or injury
to persons of ordinary sensibilities in the immediate
vicinity thereof, is hereby declared to be a nuisance, and
is hereafter prohibited.
B. Any odor, stench, or smell of such character,
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strength, and continued duration which interferes with the
comfortable enjoyment of private homes by persons of
ordinary sensibilities is hereby declared to be a nuisance
and is hereby prohibited.
C. The following things are, among others, declared
to be offensive odors and odor nuisances in violation of
this Ordinance, but such enumerations shall not be deemed
to be exclusive, to -wit:
(1) Cow lots: Offensive odors from cow lots, hog pens,
and other similar places where animals are kept or fed,
which shall disturb the comfort and repose of persons of
ordinary sensibilities.
(2) Privies: Offensive odors from privies and other
similar places.
(3) Chemicals: Offensive odors from the use or pos-
session of chemicals, or from industrial processes or
activities which shall disturb the comfort and repose of
persons or persons of ordinary sensibilities.
(4) Smoke: Offensive odors from smoke from the
burning of rubbish, trash, rubber, chemical substances, or
other things or substances.
(5) Stagnant pools: Offensive odors from stagnant
Pools allowed to remain on any premises, or from rotting
garbage, refuse, offal, or dead animals, on any premises.
SECTION 4. WEED NUISANCES:
The following things are hereby declared to be Weed
Nuisances in violation of this Ordinance, and are hereafter
prohibited, to -wit:
A. Reptiles and Rodents: Weeds and/or grass, or
other uncultivated plants on any premises in the City of The
Colony, Texas, which grow in such rank profusion as to
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harbor reptiles or rodents, or to create a fire hazard.
B. Heiqht of weeds: Weeds and/or grass, or other
uncultivated plants on any premises in the City of The
Colony, Texas, which are permitted to, or do, attain a
greater height than twelve inches. Any owner, or his agent,
or any occupant of any premises on which Weed Nuisance
exists shall be liable hereunder, and subject to the penalty
herein provided.
SECTION 5. TRASH AND RUBBISH:
The following acts and things, among others, are hereby
declared to be trash and rubbish nuisances in violation of
this Ordinance, but said enumerations shall not be deemed
to be exclusive, to -wit:
A. Heaps of Rubbish: The keeping of any and all
stacks, heaps, or piles of old lumber, refuse, junk, old
cars or machinery or parts thereof, garbage, trash, rubbish,
scrap material, ruins, or demolished or partly demolished
structures or buildings, or piles of stones, bricks, or
broken rock, on any premises bordering any public street in
the City of The Colony, Texas, so as to produce an unsightly
and ugly appearance, and which may harbor reptiles or rodents,
or create a fire hazard, or result in unsanitary conditions.
B. Burning of Trash: The burning of any trash or
rubbish, paper, grass, or weeds, on any property, or in any
street or alley in the City of The Colony, Texas.
C. Dumping of Trash: Dead Animals: The dumping,
placing, or depositing of any trash, rubbish, garbage,
tincans, refuse, grass, weeds, scrap -material, offal, dead
animals, or junk, in or upon any street, alley, sidewalk,
branch, creek, ditch, or gutter, or along or upon the sides
thereof, in the City of The Colony, Texas; or the leaving
of the carcasses of any dead animal on any property in
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such a way that same is or becomes an unsanitary condition
or a danger to public health.
D. Closed containers required: The operator or manager
of each and every business house in the City of The Colony,
Texas, is hereby required to maintain suitable closed con-
tainers for the purpose of depositing trash and refuse there-
in, which shall be kept closed at all times except when
refuse is being deposited or taken therefrom. All trash,_.
and refuse shall be picked up only if placed in plastic bags
of no less than two (2) millemeters thick and of a size to
contain no more than thirty (30) gallons; or placed in
paper bags of the type used in home trash compactors; or
bundled and tied securely not to weigh more than fifty (50)
pounds.
E. Containers to be kept in rear of business houses:
Said containers shall be kept at the rear of the business
house if possible, and if not possible, then shall be kept
in a place designated by the Municipal Utility District #1.
F. Storage and dis osal of garbage and refuse: The
accumulation of wast, trash, and other deleterious substances
on the premises of private residences, commercial institutions
and other premises, 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 regulations be adopted to require pro-
perty owners, tenants, occupants and lessees to secure
plastic bags of sufficient size and thickness for collection
and removal at regular intervals.
G. Permit required for private collectors: No one
except the duly authorized agents or employees of The Colony
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Municipal Utility District shall collect, convey, or trans -
post garbage or trash on the streets, alleys or public
thoroughfares of said city or district without obtaining a
written permit from the city or district.
H. Preparation and placement for collection: The
receptacles for trash and garbage shall be placed at the
point found and designated by an agent of the district as
the most accessible for collecting and removing. The weight
of the receptacles shall not exceed fifty (50) pounds and
shall not contain rocks, bricks, building debris and other
such matter that may cause the receptacles to burst or tear.
I. Supervision, maintenance of receptacles and areas of
collection: Every owner, occupant, tenant or lessee of a house
or building in the city of The Colony is required to main-
tain constant supervision over the garbage receptacles on his
premises and the area around the collection point.
SECTION 6. CONTAINERS FOR GASOLINE OR KEROSENE
It shall be unlawful for any person, association of
persons, firm or corporation to sell, offer for sale, disperse
or offer to dispense any quantity of gasoline or kerosene in
any type of container other than a metal container or to fill
any container other than a metal container with gasoline or
kerosene is selling or dispensing same.
SECTION 7. FIREWORKS
A. Definitions: The term "fireworks" shall mean and
include any firecracker, torpedo, skyrocket, roman candle,
sparkler, spit devil or any similar thing.
B. Sale of Fireworks Prohibited: It shall be unlawful
for any person, association of persons, firm or corporation to
sell or offer for sale, either directly or indirectly, any type
of fireworks within the corporate limits of the City of The
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Colony, Texas.
C. Discharge of Fireworks Prohibited: It shall be
unlawful for any person, association of persons, firm or
corporation to discharge, or cause to be discharged, any
fireworks within the City of The Colony, Texas.
D. Fireworks Displays May be Authorized: Nothing in
this article shall prohibit the City Council from granting
permits for celebration of special events with fireworks
under the direction and supervision of the Fire Chief.
E. Manufacture or Storage of Fireworks Prohibited: It
shall be unlawful for any person, association of persons, firm
or corporation to manufacture or store fireworks within the
corporate limits of the City of The Colony, Texas.
SECTION 8. RECREATIONAL VEHICLES, BOATS, INOPERABLE AND
_ ABANDONED VEHICLES
It shall be unlawful for any person, association of persons,
firm or corporation to leave unattended any recreational
vehicle, boat, trailer, any inoperable or abandoned recreational
vehicle, boat or trailer for a period of time exceeding
twenty-four (24) hours.
This ordinance authorizes the Police Department to have
any recreational vehicle, boat, trailer, inoperable or aban-
doned vehicle to be towed away by a licensed wrecker service.
SECTION 9. PENALTY
Any person, firm, corporation or association, violating
any provision of this Ordinance shall be deemed guilty of a
misdemeanor, and shall upon conviction thereof, be fined in
any sum not less than $1.00, nor more than $200.00, and
each day violation of this Ordinance continues, shall consti-
tute a separate offense.
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SECTION 10.
That if any section or part or portion of this Ordinance
is in conflict with any Law of the State of Texas, or is hereby
adjudged invalid or unconstitutional by a Court of competent
jurisdiction, such adjudication or conflict shall not affect
the validity of this Ordinance as a whole, nor of any section
or part thereof not so adjudged invalid or unconstitutional or
in conflict with any Law of the State of Texas.
SECTION 11.
THIS ORDINANCE IS DECLARED TO BE FOR THE GENERAL WELFARE.
PASSED AND APPROVED on this day of,,,v I ,
A.D., 1977.
f I-
Zayor-
City
of The Colony, Texas
ATTEST:
f6
Cil. Secretary
City of The Colony
( S E A L )
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