Section
General Provisions
94.001 Nuisances generally
94.002 Spitting on sidewalks, in public buildings or in public vehicles
94.003 Medical treatment of city prisoners
94.004 Hazardous waste incineration facilities
94.005 Glass containers prohibited in certain areas
94.006 Extraterritorial jurisdiction
94.007 Special conditions
94.008 Activities prohibited
94.009 Noise
Unsanitary, Unsightly Conditions on Private Premises
94.025 Junked or abandoned vehicles
94.026 Accumulations of stagnant water
94.027 Accumulations of carrion or filth
94.028 Accumulations of weeds, rubbish or other objectionable matter
94.029 Notice to remove condition; service
94.030 Abatement by city authorized; payment of expenses
94.031 Statement of expenses incurred by city
94.032 Collection of expenses incurred by city; lien
Smoking in Public Places
94.045 Definitions
94.046 Offenses; exceptions; duties of persons in control of public place
94.047 Smoking in hospitals or nursing homes
94.048 Employer smoking policies
94.049 Exception areas not required
94.050 Smoking offenses under Fire Code
94.051 Compliance with other regulations
Littering
94.065 Depositing in public places
94.066 Depositing in vacant lots
94.067 Depositing on occupied private property
94.068 Depositing in parks
94.069 Throwing from vehicles
94.070 Proper placement in receptacles
94.071 Duties of business owners and occupants
94.072 Duties of customers
94.073 Prima facie presumption in litter cases
94.999 Penalty
Statutory reference:
Authority of home rules cities to enact health regulations, see Tex. Health and Safety Code §§ 341.081, 341.002
GENERAL PROVISIONS
It shall be unlawful for any person to spit on any sidewalk, or on the floor or wall of any public building, or to spit in or upon any part of any taxicab, bus or other public vehicle carrying passengers for hire in the city.
(1998 Code, § 62-4) Penalty, see § 94.999
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOILER. An enclosed device using controlled flame combustion and having the following characteristics:
(a) The unit must have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids or heated gases;
(b) The unit’s combustion chamber and primary energy recovery section must be of integral design. To be of integral design, the combustion chamber and the primary energy recovery section (such as waterwalls and superheaters) must be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being
BOILERS solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream) and fluidized-bed combustion units;
(c) While in operation, the unit must maintain a thermal energy recovery efficiency of at least 60%, calculated in terms of the recovered energy compared with the thermal value of the fuel; and
(d) The unit must export and utilize at least 75% of the recovered energy, calculated on an annual basis. In this calculation, no credit shall be given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps.)
HAZARDOUS WASTE. That term is defined by Tex. Health and Safety Code § 361.003(12), and by 42 U.S.C. § 6903(5) (i.e., a solid waste or combination of solid wastes), which because of its quantity, concentration or physical, chemical or infectious characteristics may:
(a) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible illness or incapacitating reversible illness; or
(b) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed.
INCINERATOR. An enclosed device using controlled flame combustion that neither meets the criteria for classification as a boiler, nor is listed as an industrial furnace.
INDUSTRIAL FURNACE. Any of the following enclosed devices that are integral components of manufacturing processes and that use controlled flame devices to accomplish recovery of materials or energy:
(a) Cement kilns;
(b) Lime kilns;
(c) Aggregate kilns;
(d) Phosphate kilns;
(e) Coke ovens;
(f) Blast furnaces;
(g) Smelting, melting and refining furnaces (including pyrometallurgical devices such as cupolas, reverberator furnaces, sintering machines, roasters and foundry furnaces);
(h) Titanium dioxide chloride process oxidation reactors;
(i) Methane reforming furnaces;
(j) Pulping liquor recovery furnaces; and
(k) Combustion devices used in the recovery of sulfur values.
PREVAILING WIND. The direction from which the wind blows most frequently over a 12-month period at a location proposed for a hazardous waste incinerator.
RESIDENTIAL AREAS. Areas where residential dwellings are actually located or which are zoned as District A, B or C under Ch. 160 of this code of ordinances. However, areas zoned District H shall not be considered RESIDENTIAL AREAS for purposes of this section.
SOLID WASTE. Any garbage, refuse or sludge from a waste treatment plant, water supply treatment plant or air pollution control facility, and other discarded material, including solid, liquid, semi-solid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations and from community activities, but does not include solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under 33 U.S.C. § 1342, or source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended (42 U.S.C. §§ 2011 et seq.).
(B) Siting restrictions. No hazardous waste incinerator shall be constructed within the corporate limits of the city, or within 5,000 feet of the corporate limits of the city, unless:
(1) Such incinerator is located no closer than four miles to any family residential area, hospital, nursing home or public or private school in existence at the time the incinerator is constructed; and
(2) The prevailing winds at the location of the hazardous waste incinerator are not in the direction of then-existing residential areas located within the corporate limits of the city or within 5,000 feet of the corporate limits of the city.
(C) Duration and intent of section.
(1) This section is intended to preserve the status quo and to protect the health, safety and welfare of the citizens of the city from the potential harm from such facilities until such time as sufficient investigation can be completed to determine what measures should be implemented on a permanent basis.
(2) If such permanent measures are not implemented and in effect within five years of the effective date of the ordinance from which this section is derived, this section shall be reviewed by the City Commission.
(D) Conflicting provisions. The provisions of this section shall govern over any conflicting provisions in any other city ordinances or zoning regulations currently in effect or enacted in the future by the city, unless and until the provisions stated in this section are expressly revised or rescinded.
(1998 Code, § 62-6) Penalty, see § 94.999
(A) It shall be unlawful for any person to use or possess any glass container in any area situated upon the Texas City Dike, “Texas City Dike” (known as Dike Road), and Skyline Drive from Dike Road to the Galveston County flood control gate, in its entire length, together with areas adjacent thereto on both sides.
(B) The provisions of division (A) above shall not apply where any such glass container is used or possessed inside a motor vehicle or within the enclosed perimeter of a business establishment.
(1998 Code, § 62-7) (Ord. 10-33, passed 12-15-2010) Penalty, see § 94.999
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