O62-06KENNEDALE ORDINANCE NO. 62-6
AN ORDINANCE REGULATING THE DISPOSAL OF
;N EXCRETA IN THE CITY. OF ALE,
TEXAS; FORBIDDING. THE MAINTENANCE OR USE
OF ANY OPEN OR PIT. TYPE TOILET OR PRIVY,
OR ANY OTHER TYPE.EXCEPT A WATER -FLUSH
TOILET; REQUIRING ALL TOILETS TO BE CON-
NECTED TO THE' PUBLIC SEWER SYSTEM, IF
AVAILABLE, AND 0 :RWISE TO AN.APPROVED
SEPTIC TANK; FORBIDDING "r: REPAIR, CON-
STRUCTION, ALTERATION OR RENOVA TION OF
ANY PRIVATE SEPTIC TANK ON PROPERTY TO
WHICH J£:. PUBLIC SEWER IS AVAILABLE, . AS
HEREIN. PROVIDED; AUTHORIZING t; DISCONTINUANCE
OF WATER SERVICE TO . ANY PRE ES NOT IN . CON-
FORMITY WITH THE PROVISIONS OF ' .ORDINANCE;
PROVIDING . A _ PENALTY FOR VIOLATION HEREOF;
CONTAINING A REPEALING CLAUSE, SAVING CLAUSE
AND. AN EFFECTIVE DATE.
BE IT ORDA D BY CITY COUNCIL OF THE CITY OF KENNEDALE,
TEXAS:
Section 1. It shall be unlawful to permit,
maintain or use any gm und, lot, yard, residence, place
of business or other place or building, within the cor-
porate limits of the City of Kennedale, Texas, where
persons reside, congregate or are employed, which is
not provided with means for the disposal of human excreta
by a water -flush toilet connected with the public sanitary
sewer system or an approved septic tank, as hereinafter
provided.
Section 2. Every residence, place of business
or other building or place where persons reside, congregate
or are employed shall be provided with a private water -
flush toilet to be built, rebuilt, constructed and/or
maintained in such manner as to meet all requirements of
the applicable plumbing ordinances of the City of Kennedale,
as well as the minimum standards of the Texas State Health
Department and the Tarrant County Health, Department.
Section 3. The owner or owners of each and every
building situated upon any lot, tract or parcel of land
within the corporate limits of the City of Kennedale, Texas,
the outside line of which lot, tract or parcel of land abuts
upon an alley, street or easement in or through which a
public sanitary sewer extends, or the outside line, of which
lot, tract or parcel of land is within a distance or radius
of 100 feet of such public sanitary sewer main, or across
which lot, tract or parcel of land a public sanitary sewer
extends, shall cause such buil ing or buildings, if persons
reside, congregate or are employed therein, to be connected
with sue public sanitary sewer main. An accessory building
shall not be considered as a separate building hereunder
when such accessory building is not used for human occu-
pancy; accessory buildings under single ownership u- y be
connected to a common building sewer in accordance with
other applicable ordinances of the City of Kennedale.
Section 4. When there is not a public sanitary
sewer within 100 feet of any lot, tr-+ct or parcel of land
within the corporate limits, as hereinabove provided,
buildings thereon used for human occupancy or use may
be connected to an approved septic tank. Application
for the use of a septic tank must be made in writing to
the City Secretary, and such septic tank and the under-
ground drains connected thereto sh111 be constructed
and maintained so as to meet the minimum requirements
of the Tar ,:nt County Herilth Department and the Texas
State Health Department, as well as the applicable ordi-
nances of the City of Kennedale.
Section 5. Any building or buildings con-
nected to private septic tanks prior to the adoption of
this ordinance shall be connected to the public sanitary
sewer, if availabe as herein provided, whenever such
private septic tank becomes inadequate or defective for
any reason. It shall be unlawful for any person, firm
or corporation to repair, construct, alter, enlarge or
renovate any private septic tank which is connected to
any building or premises located on a lot, tract, or
parcel of land abutting a street, alley or easement
through which a public sanitary sewer main extends, or
across which a public sanitary sewer main extends, or
the outside lot line of which lot, tract or parcel of
land is within a distance or radius of 100 feet of any
public sanitary sewer main.
Section 6. It shall be unlawful for any
person, firm or corporation to maintain or use, or
cause to be maintained or used by the public, employees
or any other person, any open or pit type toilet or
privy, or any other type of toilet for the disposal of
h y-An excreta, except one which is of a water -flush
type and is connected with the public sanitary sewer
system or an approved septic tank, as herein provided.
Section 7. No municipal water service shall
be connected to any premises unless the premises are in
conformity with the provisions of this ordinance, and
upon notification to the City that any premises served
by the municipal water system are notin conformity with
the provisions hereof, the City Secretary shall give
notice in writing to the owner or occupant of such
premises as to the defect or deficiency not in con-
foity herewith, nd unless such defect or deficiency
is corrected within ten days following the receipt of
such written notice, the municipal water service to
said premises shall be discontinued, and shall not be re-
connected until said premises are -+de to conform with
the provisions hereof.
-2-
Section 8. Any person, firm or corporation
who violates any of the provisions of this ordinance
shall be guilty of a misdemeanor, and upon conviction
shall be punished by a fine in any amount not to exceed
$200.00. Each day that any violation of this ordinance
continues shall be deemed a separate offense.
Section 9. All ordinances or parts of ordi-
nances necessarily in conflict with the terms hereof
are hereby repealed, but except as to any necessary
conflict, this ordinance is hereby declared to be
cumulative of all other ordinances of the City of
Kennedale on the subject herein covered.
Section 10. Every section of this ordinance,
and every provision of each section, is hereby declared o
be an individual section or provision, and the holding
of any section or provision of any section to be void,
ineffective or unconstitutional for any cause whatsoever,
shall not be deemed to affect any other section or provision
hereof, it being the intention of the City Council that each
section and each provision of each section shall be a
separate and distinct provision.
Section 11. This ordinance shall be effective
immediately uron its passage and approval, and publication
as by law provided..
ADOPTED AND APPROVED this the 5th day of
April, 1962.
APPRO
ATTEST:
City Secretary
(CITY SEAL)
LEGAL NOTICE
STATE OF TEXAS:
COUNTY OF TA ";'.NT:
CITY OF K SALE:
s
KNOW ALL BY THESE PRESENTS:
I, Susie A. Langford, City Secretary of the
City of Kennedale, Texas, do hereby certify that the
City Council of the. City of Kennedale, Texas, at a
regular meeting held on the 5th day of April, 1962,
unanimously adopted Kennedale Ordinance No. 62-6, the
caption of said ordinance being as follows: "An Ordi-
nance Regulating The Disposal Of Human Excreta In the
City of Kennedale, Texas; Forbidding The Maintenance
Or Use Of Any Open Or Pit Type Toilet Or Privy, Or Any
Other Type Except A Water -Flush Toilet; Requiring_:, All
Toilets To Be Connected To The Public Sewer System, If
Available, And Otherwise To An Approved Septic Tank;
Forbidding The Repair, Construction, Alteration Or
Renovation Of Any Private Septic Tank On Property To
Which The Public Sewer Is Available, As Herein Provided;
Authorizing The Discontinuance Of Water Service To Any
Premises Not In Conformity With The Provisions Of This
Ordinance; Providing A Penalty For The Violation Hereof;
Containing A Repealing Clause, Saving Clause And An
Effective Date." The purpose of this ordinance is to
provide for sanitary disposal of human excreta, and to
protect the public health by regulating the construction
and maintenance of toilets and privies, and requiring
their connection to the public sanitary sewer system,
if available as provided in said ordinance, and other-
wise to an approved septic tank. The ordinance provides
a penalty by fine in any amount not to exceed $200.00
for any violation of the ordinance, and each day that
a violation continues is declared to be a separate
offense. It further provides for a discontinuance of
municipal water service to any premises not in conformity
with the provisions of the ordinance. The ordinance is
declared to be effective immediately upon completion of
publication as reauired by-law.
IN TESTIMONY WHEREOF I have hereunto subscribed
my name officially underthe corporate seal of the City of
Kennedale, Texas, this 5th day of April, 1962.
Su le A. Langford, Cat Secretary,
City of Kennedale, Texas.
(CITY SEAL)