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0075 ORDINANCE NO. 75 AN ORDINANCE TO PROMOTE THE PUBLIC HEALTH; PROVIDING FOR METHODS OF CONTROL AND PREVENTION OF PREVENTABLE DISEASES; DEFINING CERTAIN TERMS, WORDS AND PHRASES; PROVIDING FOR THE ABATEMENT OF NUISANCES; ESTABLISHING MINIMUM STANDARDS AND REQUIREMENTS OF SANITATION AND HEALTH PROTECTIVE MEASUP.ES AND PPOCEDURES TO BE COMPLIED WITH BY RESIDENTS, GOVERNMENTAL UNITS, FIRMS, ASSOCIATIONS, CORPOPATIONS AND ALL OTHER PERSONS WITHIN THE TOWN OF SOUTHLAKE, TEXAS; PROVIDING CONSTRUCTION OF AP"ROVED SEPTIC TANKS AND PRO- HIBITING CONSTRUCTION OR INSTA.T,LATION OF ANY MET-IOD OTHER THAN SEPTIC TANKS TO BE USED FOR SANITATION PURPOSES; ESTABLISHING DUTIES OF AND GRANTING ADMINISTRATIVE AUTHORITY TO PUBLIC HEALTH AND ENFORCEMENT OFFICERS; REPEALING ALL ORDINANCES AND PAPTS OF ORDINANCES IN CONFLICT HEREWITif; PROVIDING THAT ANY WORD, SENTENCE, CLAUSE OR SECTION BE DECLARED INVALID BY ANY COURT OF COMPETENT JURISDICTION, THE REMAINING SECTIONS OR PORTIONS OF THE, ORDINANCE SHALL NOT BE THEREBY AFFECTED; PROVIDING A PENALTY FOP THE VIO- LATION OF THIS ORDINANCE BY FINE OF NOT LESS TITAN $5.00 NOR MORE / THAN 100.00, AND EACJ DAY OF SUCH VIOLATION SHALL CONSTITUTE A SEPARATE OFFENSE; DECLARING AN EMERGENCY AND PROVIDING THAT SUCH ORDINANCE SMALL BE IN FULL FORCE AND EFFECT FOLLOWING ITS ENACTMENT r AND PUBLICATION AS BY LAW PROVIDED. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF SOUTHLAKE, TEYAS: 1. THE following terms wherever found in this ordinance, unless other- wise defined shall be understood to mean: A. COMMON DRINKING CUP: Any receptacle used for serving water or other beverage to two or more persons in any public place or any estab- lishment catering to the public, provided this term shall not apply to receptacles properly washed and sterilized after such service. B. DRINKING WATER: All water distributed by any agency or individual, public or private, for the purpose of human consumption, or which may be used in the preparation of foods or beverage or for the cleansing of any utensil or article used in the course of preparation or consumption of food or beverages for human beings. The term "DRINKING WATER" shall also include all water supplied for human consumption or used by any institution catering to the public. C. HUMAN EXCRETA: The urinary and bowel discharges of any human being. D. NUISANCE: Any object, place or condition which constitutes a possible and probable medium of transmission of disease to or between human beings or any other object, place or condition which may be specifically declared by this ordinance to be a nuisance. E. SANITARIAN: Any trained worker who has a practical knowledge of sanitation as it pertains to disease control. F. SANITARY: Any condition of good order and cleanliness which precludes the probability of disease transmission. G. SEPTIC TANK: Any covered watertight tank, designed for the treatment of sewage, with draining laterals running therefrom. 1I. SWIM KING POOL: Any body of water maintained expressly for public recreation purposes, swim__iing and similar aquatic sports. I. TOILET: The hopper device for the deposit and discharge of human excreta into a water carriage system. J. TOURIST COURT: Any camping p1rce or group of two or more mobile or permanent housing units operated on rental property for the use of transient trade or any or all trailer units housing human beings. K. WATER PLAIT OPERATOR: Any person trained in the purification or distribution of a public water supply who has a practical working knowledge of the chemistry and bacteriology essential to the -practical mechanics of water purification and who is capable of conducting and maintaining the purification processes in an efficient manner. L. WATER SUPPLY: Any source or reservoir of water distributed to and used for human consumption. 2. NUISANCES Any and all of the following conditions are hereby specifically declared to be nuisances dangerous to the nublic health: A. Any condition or Place allowed to exist in populous areas which constitutes a breeding place for flies. B. Any spoiled or diseased meats intended for human consumption. C. Any restaurant, food market, bakery, or other place of business or any vehicle where food is orepared, packed, stored., trans- ported, sold or served to the public which is not constantly maintained in a sanitary condition. 2 D. Any plaice, condition or build_=_n" controlled or operated by any person, firm or corporation, any governmental agency, state or local, which is not maintained in a sanitary condition. E. All sewage, human excreta, waste water, garbage, or other organic wastes deposited, stored, discharged, or exposed in such a way as to be a, potential instrument or medium in the transmission of disease to or between any person or persons. F. Any vehicle or container used in the transportation of garbage, human excreta, or the organic material which is defective and allows leakage or spilling of contents. G. Any collection of water in which mosquitoes are breeding within the limits of the Town of Southlake, Texas. H. Any condition which. may be proven to injuriously affect the public health and wizich may directly or indirectly result from the operations of any bone boiling, fat rendering, tallow or soap works or other similar establishments. 1. Any place or condition harboring rats. J. The presence of ectoparasites (bedbugs, lice, mites, etc.) suspected to be carriers of disease in any place where sleeping accomo-- dations are offered to the -public. K. The maintenance of any open surface or pit privy, cesspool, or of any overflowing septic tank, the contents of either of which may be accessible to flies. 3. A3ATEMENT OF NUISANCES A. Every person, possessing any pl- ce in or o;l w<<ich tizere is a. nuisance shall, as soon as its presence co~Ies to his knowledge, proceed at once and continue to abate the said nuisance. 3. The City Health Officer, when information and proof of the existence of a nuisance within the Town of Southlake, Texas, is received, sizall issue a writil-en notice to any person responsible for the said nuisance and ordering the abatement of same. 1e shall at the same time send a copy of said notice to the Tows Attorney. Such notice shall specify the nature of the nuisance and shall designate a reasonable time within which such abatement shall be accomplished. In the event such notice is not coml?lied w-?th within tha specified time, the Town Attorney shall be so advised ba the Health Officer and he shall immediately institute proceedings for the abatement thereof. H 3 GARBAGE AND REFUSE A. All premises occupied or used for residential, business or pleasure purposes shall be kept in a sanitary condition. B. No kitchen waste, laundry waste, or sewage shall be allowed to accumulate, discharge or flow into any public place, gutter, street or highway. C. No waste products, offal, polluting material, spent chemicals, liquors, brines or other wastes of any kind shall be stored, derosited or disposed of in any manner as may cause the pollution of the surrounding land or the contamination of the well waters to the extent of endangering the public health. D. It shall be unlawful for any person, firm or corporation to use any land within the limits of the Town of Southlake, as a private or public dump ground that might constitute breeding places for insects, rodents or flies. 5. DISPOSAL OF HUMAN EXCRETA A. Until such time as a sewer system is available within the Town of Southlake, Texas, all human excreta shall be disposed of-through a septic tank approved by the City, County and State Health Departments, with draining laterals running therefrom, constructed as provided herein, and in the Building Code of the Town of Southlake, Texas. Providing further that the manner of such disposal shall be sufficient to prevent the pollution of surface soil, the contamination of any drinking water supply, the infectioi of any flies, cockroaches, or the creation of any other nuisance. B. All effluent from septic tanks hereafter constructed shall be disposed of through a subsurface drainage field designed in accordance with good public health engineering practise or any other method which does not create a nuisance. C. No cess pool, open surface or pit privy shall hereafter be constructed within the Town of Southlake, Texas. 7 6. TOILET FACILITIES All operators, managers, or superintendents of any T3ublic buildings, school .houses, theatres, filling stations, tourist courts, bus stations and taverns shall provide and maintain sanitary toilet accomodations. 7. PUBLIC BUILDINGS Any and all public buildings hereafter constructed shall have in-. corporated therein all such heating, ventilation, ?plumbing, screening, and rat-proofing features as may be necessary to pro-erly protect the health and safety of the public. 8. ICE PLANTS A. No person except officers, employees, or others whose duties require such, s'_iEll be Dermitted to go u,,)on the platform covering the tanks in which ice is frozen in ice factories. All employees wose services are required on tanks shall be provided with clean shoes or boots which shall be used for no other purpose. B. No ice contaminated with sand, dirt, cinders, lint or any other foreign substances shall be sold or offered for sale for human consumption. C. All water used in the manufacturing of ice shall be from an approved source and be of a safe quality. D. Every ice plant operator shall provide sanitary handwasaing and toilet facilities for the use of all employees thereof. 9• DRINKING WATER A. All drinking water for public use shall be free from deleterious matter and shall comply with the standards established therefor by the State Department of Health or the United States Public Health Service. B. The use o_`' the comlon drinking cup is hereby prohibited in this Town. No drinking water s:1all be served except in sanitary containers or through other sanitary mediums. 10. PROTECTION OF PUBLIC WATER SUPPLIES A. No district, firm, corporation or individual shall furnish to the public any drinking water for which any charge is made, unless the produc- tion, processing, treatment and distribution is at all tines under the 5 supervision of a competent water works operator holding a valid certi- ficate of competency issued under direction of the Texas State Depart- ment of Health. B. No owner, agent, manager or operator or other person having charge of any water works supplying water for public or private use si1all knowingly furnish to any person any contaminated drinking water or permit the appliances thereof to become unsanitary. C. The owner or manager of every water supply system furnishing drinking water to persons, firms or corporatio3Is within the Town of Southlake, small have the water tested at reasonable intervals and shall furnish the City Health Officer with monthly reports thereof. D. `?o physical connection between the distribution system of a public drinking water supply and that of any other water supp'_y shall be permitted unless such other water is of E safe sanitary quality and the interconnection is approved by the State Department of Health. No water connection from any public drinking water supply shall be made to any sprinkling, condensing, cooling, plumbing, or any other system unless the said connection is of such e: design as will insure a,,2:ainst any back- flow or siphonage of sewage or contaminated water from said system into the drinking water supply. Upon discovery of any condition contrary to these provisions written notice shall be given to the owner or agent main- taining such condition by the City Health Office and such owner or agent shall make such corrections as are necessary to eliminate the condition com-ola.ined of. E. No part of subsections A, B, and C of Section 10 shall apply to the production, distribution or sale of raw, untreated surface water. 11. APPROVED PLANS REQUIRED FOR PUBLIC SUPPLIERS AND SEWAGE SYSTEM A. Every person,firat or cori--3oration, public or private contemplating the establishment of a:1y drinking water supply or sewage disposal system for -.public use shall, previous to construction thereof, submit completed plans 'Ind specifications therefor to the Town of SOutillake Health Officer and. the said Department shall approve same; provided said plans conform to the water safety and stream pollution laws of this State. The said water supply or ses.7age dis-,?osa.l system s tall be established only after approval has been given by the City Health Officer and the Stare Department of Health. B. Any agency supplying drinking water or sewage disposal service to the public desiring to :rake any material or major changes in any water or sewage system that may affect the sanitary features of such utility, shall, before making such chan-es, give written notice of such intentions to the Town of So=_,thlake and the State Department of Health. 6 7', 12. SANITARY DEFECTS A. All sanitary defects existent at public drinking water plants which obtain their supply from underground sources siza.ll be immediately corrected. B. No public drinking water supply system furnished drinking water from underground sources to the public shall be established at any place subject to possible pollution by any flood waters, unless adequately protected against flooding. C. All suction walls or suction pipes, used in any uuJlic drinking water supply system shall be constantly protected by practical safe-guards against surface or subsurface pollution. D. No livestock shall be permitted to water or remain within the well house enclosure of a p:_;blic drinking water supply system. E. All -public drinking ,:,ter distribution limes sh;711 be constructed of impervious mEterial with tight joints, a reasonable safe distance from sewer lines. F. No water from any surface public drinking water supply shall-be made accessible or delivered to any consumer for drinking purposes unless it has first received treatment essential to rendering it safe for human consumption. All treatment plants including aearation, coagulation, mixing, settling, filteration and chlorinating units shall be of such size an6 type asrmy be prescribed by good public health engineering prac- tices. G. C1e^r water reservoirs shall be covered and be of suc`a type and construction as will __,revent the entrance of dust, insects and surface seepage. 13. IMPOUNDED WATER All r>ersons, firms, Corporations and governmental agencies that impound any body of water for public use sizall cooperate with the Strp:te and Local Departments of Health in tiie control of disease--bearing mos- quitoes on the impounded area. 1 7, 14- . SWIMMING POOLS AND BATH HOUSES A. All owners, managers, operators and other attendants in charge of any public swimming pool shall maintain: all such pools in a sanitary condition. The bacterial content of the water in any public swimming pool shall not be allowed to exceed safe limits as prescribed by estab- lished standards of the State Department of Health. Residual chlorine from 0.2 to 0.5 parts per million units of water shall be maintained in every public svimm:'_ng pool throughout the period of t'Lzeir use. B. -,o water in any swimming pool open for t:-e public sE-Iall ever be permi--ted to so-ow an acid reaction to a st<,<ndard PH Test. C. Any and all parts of any public bath house and tine surrouIdings thereto shall at all times be kept in a sanitary condition. D. No comb or hairbrush used by two or more persons siaall be per- mitted or distributed in any bath mouse of a p3lblic swimming pool. E. facilities shall be provided inall swimming pools for adequate protection of bathers against aputum contamination. F. All persons known or suspected of =.-)eing infected with any transmissible condition of co:iimunicable disease small be excluded from the pool. G. The construction a.nd appliances of all public swimmi_g pools shall be such as to reduce to a practical minimum any possibility of drowning or injury of bathers. All swimming pools hereafter constructed small be inconformity with good public health engineering practices. H. All bat-Laing suits and towels furnished to bathers by any person or persons shall be thoroughly washed with soap and hot water and thorough- ly rinsed and dried after each use. 1. All dressing rooms of any swimming pool shall contain shower bath facilities. J. The operator or manager of any public swiiii-ni.ng pool s.-,all -)rovide adequate and groper approved facilities for the disposal of human excreta by the b:-thers thereof. 15. SCHOOL -HOUSES AND GROUNDS A. Every school building s"call be located on the grounds that are well drained and maintained in a sanitary condition. B. Ev<ery school building s'iall be properly ventilated and provided with an adequate supply of drinking water an,? approved and se.va.ge dis- 8 t. posal system, hand-washing facilities, a. heating system, and lighting facilities, all of which shall conform wit-P, established standards of good -public health engineering practices. C. All public schools lunch rooms maintained and operated shall comply with the State Food and Drug Regulations. D. All public school buildings and appurtenances theretoshall be maintained in a sanitary manner. E. All building custodians and janitors employed on a full time basis shall be versed in the fundamentals of safety and school sanitation. 16. TOURIST COURTS, TRAILER COURTS, HOTELS, INNS AND ROOMING I40USES A. Every agency, person, firm or corporation operating any tourist court, trailer court and .hotels, inns and rooming houses in t1iis Town stall provide a safe a.nd ample water supply for the general conduct thereof and shall submit samples of said water at least once each year before the month of May to the City Health Officer for bacteriological analysis. B. Every tourist court, trailer court and hotels, inns and rooming mouses shall be equipped with an approved system of sewage disposal main- tained in a sa.nitry condition. C. All owners or operators of any tourist court, trailer courts and hotels, inns and rooming houses shall provide every practical facility essential to keeping the entire area of each of said courts in a sanitary condition. D. Every owner or operator of atourist court and hotels, inns and rooming houses providing gas stoves for the heating of any unit thereof shall determine that such stoves are properly installed and maintained in properly ventilated rooms. E. All owners, operators, or managers of every tourist court and hotels, inns and rooming !.ouses shall maintain all sanitary appliances situated therein in good rep2ir. F. All food offered for sale at any tourist court and hotels, inns and rooming houses shall be adequately protected from flies, dust, vermin, spoilage and shall be kept in a sanitary condition at all times. G. No owner, manager or agent shall rentor furnish any unit of any tourist court, trailer court and hotels, inns and rooming; 4ouses to any person succeeding a previous occupant wituout having first thoroughly cleaned the said unit and having provided clean and sanitary sheets, towels and pillow cases therefor. II. Every tourist court, trailer court and hotels, inns and rooming douses failing to conform to any provisions of this ordinance is hereby declared to constitute a nuisance, 9 I. All owners, operators or managers of any hotel, inn, tourist court, trailer court or rooming house shall maintain all such premises in a sanitary condition. 17. FAIR GROUNDS, PUBLIC PARKS AND AMUSEMENT GROUNDS Every fair ground, public park or amusement center of any kind shall be maintained in a sanitary condition and any and all food and beverages which may be sold in any part of such place shall be adequately protected against flies, dust, vermin, ssaoilage and shall be kept in a sanitary condition. 13. INDUSTRIII.L ESTABLISHMENTS A. No person, firm, corporation or other employer shall use, or permit to be used, in the conduct of any business, manufacturing establishments or other place of employment, any process, material or condition known to have any possible adverse effect on the health of any person, or persons, employed therein unless arrangements have been made to maintain the occupational environment to the extent that such injury will not result. Every industrial establishment shall_ be continually maintained in a sani- tary condition. 19. PENALTY Any person, firm or corporation who shall violate any of the pro- visions of any section or subdivision of this ordinance, shall be fined not less than Five (:65.00) Dollars nor more than One Hundred (c"'100.00) Dollars, and each day of such violation shall constitute a separate offense. The penalties of this ordinance sizall not apply where a person or persons have exercised due diligence and h-ve violated the same without any intent. 20. CUMULATIVE Tdis Ordinance is cumulative of all laws and ordinances pertaining to building, zoning and sanitation. Sszould any section, article, pro- vision or part of this ordinance be delcared to be unconstitutional and void by a court of competent jurisdiction, such decision shall in no way affect the validity of any of the remaining parts of this ordinance, unless the part held unconstitutional or void is inseparable from and indispensa- ble to the operation of the remaining parts. The Town Council declares 110.. that it would have passed those parts of this ordinance which are valid and omitted any parts which may be unconstitutional ifit had known that such parts were unconstitutional at the time of the passage of this ordinance. 21. EFFECTIVE DATE This ordinance shall become effective, and be in full force and effect from and after the date of its adoption and publication as by law provided. ADOPTED this / day of A. D 1957. APPROVED: MAYOR ATTEST :,,~TOWN SECRETARY State of Texas County of Tarrant I hereby certify that the attached notice was pulblished in The Grapevine Sun, a newspaper published in Grapevine, Tarrant County, Texas, on April 4, 1957. 'W A Publisher o ze rapev ne 1~ Subscribed and sworn to before me this 7 day of 1957. l otary c, rrant Co.., as T