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(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
The conditions listed in this section, in addition to any things or conditions declared elsewhere in this code to be nuisances, are declared to be a nuisance and, as such, are to be abated pursuant to § 94.030 of this chapter. The person causing, permitting , or suffering any of the conditions listed in this section upon his premises, real property, or in any building occupied or controlled by him or in or upon any street, alley, sidewalk, or gutter immediately adjacent to such premises shall, upon conviction, be fined as provided in § 10.99.
(A) Any building, erection or any part of such building or erection which is overcrowded or not provided with adequate means of ingress or egress or is not sufficiently supported, ventilated, sewered, drained, cleaned or lighted;
(B) All vaults, drains, pools, sewers, yards, grounds or premises which have for any cause become foul, noxious or offensive or injurious to health or unpleasant to adjacent residences or to persons passing such premises;
(C) All carcasses; all decaying flesh, fish, fowl, fruit or vegetables; all deposits of manure; all flesh of any kind or description whatever; all filthy or offensive water or slops in any private yard or premises; and all other unwholesome substances when thrown upon or conducted into or upon any street, alley, public ground or enclosure in such a manner as to render such substances unwholesome and offensive or liable to become unwholesome or offensive;
(D) The act of burning any hair, leather, rags or any other substances of any kind which may cause or produce an offensive smell, smoke or odor capable of annoying persons living in the vicinity or persons passing along the streets, alleys or public thoroughfares;
(E) The act of scattering or distributing any advertisements, circulars, handbills, printed or written announcements or paper of like character, or any medicines upon the streets, sidewalks, alleys or within public buildings or grounds within the limits of the city;
(F) Any condition which provides harborage for rats, mice, snakes and/or other vermin; and
(G) Any poles, posts, lumber or timber materials which are detrimental to the health or likely to injure any of the inhabitants of the city or its extraterritorial jurisdiction.
(1998 Code, § 62-9) (Ord. 98-29, passed 11-25-1998; Ord. 13-12, passed 4-17-2013) Penalty, see § 94.999
It shall be unlawful for any person to cause, permit, maintain or allow the erection of a nuisance.
(1998 Code, § 62-10) (Ord. 98-29, passed 11-25-1998) Penalty, see § 94.999
(A) Unreasonable noise prohibited. The creation of any unreasonably loud, disturbing and unnecessary noises in the city is hereby prohibited. Noises of such character, intensity and duration as are reasonably calculated to be detrimental to the life or health of any ordinarily reasonable person are hereby prohibited. This section shall not apply to conduct prohibited under Tex. Penal Code § 42.01(a)(5).
(1998 Code, § 50-31)
(B) Enumeration of prohibited noises. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section; provided, however, that, such enumeration shall not be construed to be exclusive of other noises:
(1) The playing of any radio, phonograph or musical instrument in such manner, or with such volume, particularly during the hours between 11:00 p.m. and 7:00 a.m., as to create a noise that is reasonably calculated to disturb a person of ordinary disposition under the same or similar circumstances residing in a dwelling or other type of residence in the vicinity;
(2) The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort and repose of any person in the vicinity;
(3) The sounding of any horn or signal device on any automobile, motorcycle, bus, streetcar or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or if in motion only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any signal device of any unreasonably loud or harsh sound; and the sounding of the device for any unnecessary and unreasonable period of time;
(4) The use of any automobile, motorcycle, streetcar or vehicle so out of repair, so loaded or so operated in such manner as to create loud or unnecessary noises such as spinning or squealing tires, grating, grinding, rattling or other noise;
(5) The creation of a 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;
(6) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or boat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;
(7) The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of danger;
(8) The use of any mechanical device operated by compressed air, unless the noise thereby created is effectively muffled and reduced;
(9) The shouting or crying of peddlers, hawkers and vendors which disturbs the quiet and peace of the neighborhood;
(10) The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale of merchandise;
(11) The use of mechanical loudspeakers or amplifiers on trucks or other vehicles;
(12) The erection, including excavation, demolition, alteration or repair, of any building in a residential or business district other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the interest of public safety, and then only with a permit from the City Commission, which permit may be renewed for a period of three days or less while the emergency continues;
(13) The creation of any excessive noise on any street adjacent to any school, institution of learning or court while the school, institution of learning or court is in session, or adjacent to any hospital, which unreasonably interferes with the working of the institution; provided, conspicuous signs are displayed in the streets indicating that the street is a school, hospital or court street; and
(14) The sounding of any bell or gong attached to any building or premises which is reasonably calculated to disturb a person of ordinary disposition if the person were in the vicinity thereof.
(1998 Code, § 50-32)
(Ord. 02-05, passed 2-20-2002; Ord. 05-53, passed 12-7-2005; Ord. 13-23, passed 8-7-2013) Penalty, see § 94.999
Statutory reference:
Unreasonable noises, see Tex. Penal Code § 42.01(a)(5)
UNSANITARY, UNSIGHTLY CONDITIONS ON PRIVATE PREMISES
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED MOTOR VEHICLE. A vehicle is abandoned if the motor vehicle:
(a) Is inoperable, is more than five years old, and has been left unattended on public property for more than 48 hours;
(b) Has remained illegally on public property for more than 48 hours;
(c) Has remained on private property without the consent of the owner or person in charge of the property for more than 48 hours;
(d) Has been left unattended on the right-of-way of a designated county, state, or federal highway for more than 48 hours;
(e) Has been left unattended for more than 24 hours on the right-of-way of a turnpike project constructed and maintained by the Texas Turnpike Authority division of the Texas Department of Transportation of a controlled access highway; or
(f) Is considered an abandoned vehicle under § 644.153(r) of the Tex. Transportation Code.
ANTIQUE CAR A passenger car or truck that is at least 35 years old.
DEMOLISHER. Any person whose business is to convert a motor vehicle into processed scrap or scrap metal or otherwise to wreck or dismantle motor vehicles.
JUNKED VEHICLE. A vehicle that is self-propelled or a non-motored vehicle including but not limited to trailers and:
(a) Does not have lawfully attached to it:
1. An unexpired license plate; or
2. Does not display a license plate; or
3. A valid motor vehicle inspection certificate.
(b) Is:
1. Wrecked, dismantled or partially dismantled, or discarded; or
2. Inoperable and has remained inoperable for more than:
a. Seventy-two consecutive hours, if the vehicle is on public property; or
b. Thirty consecutive days, if the vehicle is on private property.
(c) An aircraft that does not have lawfully printed on the aircraft an unexpired federal aircraft identification number registered under F.A.A. aircraft registration regulations.
(d) A watercraft that:
1. Does not have lawfully on board an unexpired certificate of number; and
2. Is not a watercraft described by § 31.055, Parks and Wildlife Code.
(B) Declaration of nuisance; violations.
(1) An abandoned vehicle, junked vehicle or vehicle part that is located in a place where it is visible from a public place or public right-of-way is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, and is detrimental to the economic welfare of the city by producing urban blight adverse to the maintenance and continuing development of the city, and is a public nuisance.
(2) Any person commits an offense if that person maintains a public nuisance as determined under this section.
(3) A complaint concerning a public nuisance shall be filed in the Municipal Court of the city if the public nuisance, as provided under this section, is not removed and abated and a hearing is not requested within the ten-day period provided by divisions (D)(1) and (D)(2) below.
(C) Responsibility for administration; right of entry; abatement policy. The Fire Marshal, or a city employee under his or her direction, shall administer the provisions of this section; except that, the removal of vehicles or vehicle parts from property may be by any other authorized person. The Fire Marshal, or a city employee under his or her direction, shall have authority to enter upon any private property for the purposes specified in this section, to examine vehicles or vehicle parts, obtain information as to the identity of the vehicle, and remove or cause the removal of a vehicle or vehicle part that constitutes a nuisance. It is the policy of the city to abate and remove abandoned vehicles, junk vehicles or vehicle parts as public nuisances from private property, public property or public rights-of-way and to implement the abatement and removal by the use of the procedures established in this section.
(D) Order to remove; hearing; removal and disposition by city. Whenever it shall be determined that an abandoned vehicle, junked vehicle or vehicle part is located in a place where it is visible from a public place or public right-of-way, thereby constituting a public nuisance:
(1) For a nuisance on private property, the Fire Marshal, or a city employee under his or her direction, shall give not less than a ten-day notice, stating the nature of the public nuisance on private property, that it must be removed and abated within ten days, and that a request for a hearing must be made to the Texas City Municipal Court of Record before expiration of the ten-day period. The notice must be mailed by certified mail, with a five-day return requested, to the owner or occupant of the private premises on which the public nuisance exists, and to the last known registered owner of the nuisance and each lienholder of record of the nuisance. If the notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not earlier than the eleventh day from the date of such return;
(2) For a nuisance on public property, the Fire Marshal, or a city employee under his or her direction, shall give not less than a ten-day notice, stating the nature of the public nuisance on public property or on a public right-of-way, that it must be removed and abated within ten days, and that a request for a hearing must be made to the Texas City Municipal Court of Record before expiration of the ten-day period. The notice must be mailed by certified mail, with a five-day return requested, to the owner or occupant of the public premises or to the owner or occupant of the premises adjacent to the public right-of-way on which such public nuisance exists, and to the last known registered owner of the nuisance and each lienholder of record of the nuisance. If the notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not earlier than the eleventh day from the date of such return;
(3) A public hearing is required before the removal of the vehicle or vehicle part as a public nuisance. If a public hearing is requested by the owner or occupant of the public or private premises, or by the owner or occupant of the premises adjacent to the public right-of-way on which the vehicle is located, it shall be held before the Texas City Municipal Court of Record, prior to the removal of the vehicle or vehicle part as a public nuisance, at a time to be set by him or her, but not earlier than the eleventh day after the date of the service of notice to abate the nuisance. An order of the Texas Municipal Court of Record requiring the removal of the vehicle or vehicle part must include a description of the vehicle and the correct identification number and license number of the vehicle, if the information is available at the site;
(4) When no public hearing is requested by the owner or occupant of the premises where the public nuisance exists, upon the expiration of the period of time set forth in divisions (D)(1) and (D)(2) above, the Texas City Municipal Court of Record shall enter an order requiring the removal of the vehicle or vehicle part, the order to include a description of the vehicle or vehicle part and the correct identification number and license number of the vehicle, if available at the site;
(5) Within five days after the date of the removal, notice shall be given to the State Department of Highways and Public Transportation identifying the vehicle or vehicle part; and
(6) A junked vehicle or vehicle part may be disposed of by removal to a scrap yard or demolisher for processing as scrap or salvage.
(7) The relocation of a previously noticed junked vehicle or vehicle part under this section to another location, where it remains in violation of this section, shall be considered an unlawful continuance and shall remain subject to the abatement proceedings.
(E) Reconstruction of removed vehicles prohibited. After removal of any such junked vehicle, it shall not thereafter be reconstructed or made operable.
(F) Exemptions. The provisions of this section shall not apply to:
(1) A vehicle or vehicle part which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property;
(2) A vehicle or vehicle part which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or a junkyard; and
(3) Unlicensed operable or inoperable antique or special interest vehicles stored by a collector on the collector’s property; provided that, the vehicles and the outdoor storage areas are maintained in such a manner that they do not constitute a health hazard and are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery or other appropriate means.
(G) Administrative personnel; persons authorized to remove vehicles. The administration of the procedures provided by this section shall be accomplished by regular, salaried, full-time employees of the city; except that, the removal of vehicles or vehicle parts from property may be by any other duly authorized person.
(H) Open storage of abandoned vehicles. It shall be unlawful for the owner or occupant of any building, structure or property within the city, regardless of how zoned by Ch. 160 of this code of ordinances, to utilize the premises of the property for the open storage of any abandoned motor vehicle. It shall be the duty and responsibility of every owner or occupant to remove from the premises all abandoned motor vehicles upon notice from the designated official of the city. For the purpose of this section, an ABANDONED MOTOR VEHICLE is defined as one that does not have attached to it a valid license plate and inspection sticker duly issued to the vehicle, is in a state of disrepair, or is incapable of being removed under its own power. The provisions of this division (H) shall not apply to any duly licensed junk dealer operating under and in compliance with Ch. 114 of this code of ordinances.
(1998 Code, § 62-112) (Ord. 04-32, passed 7-21-2004; Ord. 21-10, passed 5-19-2021; Ord. 2022-07, passed 4-20-2022) Penalty, see § 94.999
It shall be unlawful for the owner of any lot or other premises in the city to allow or permit holes or places where water may accumulate and become stagnant to be or remain on the lot or premises or to allow or permit the accumulation of stagnant water thereon, or to permit stagnant water to remain thereon, in accordance with Tex. Health and Safety Code, § 342.001.
(1998 Code, § 62-113) Penalty, see § 94.999
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