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HomeMy WebLinkAboutO-104ORDINANCE NO. 104 AN ORDINANCE TO PROTECT THE PUBLIC HEALTH AND TO PROVIDE FOR THE DISPOSAL OF HUMAN EXCRETA, THE INSTALLATION OF SANITARY WATER CLOSETS AND PROVIES OR DRY CLOSETS, AND TO REGULATE THE TYPE LOCATION CAPACITY, CONSTRUCTION, MAINTENANCE AND USE 6F THE SAU, AND TO FURTHER REGULATE THE WATER SUPPLY IN THE TOWN OF FAIRHOPE, ALABAMA, AND ITS POLICE JURISDICTION. BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF FAIRHOPE AS FOLLOWS: SECTION 1. It shall be unlawful for any person, firm or corporation or their agent to construct or main- tain within the City of Fairhope or its police juris- diction, any dwelling, building, premises or other place where human beings reside, are employed or congregate, or toilnt, lease, use, or permit to be used for such pur- pose any such dwelling, building, premises, or other place which is not provided with adequate facilities for the disposal in a sanitary manner of the bodily discharges of such persons, the method, type, construction, capacity, and location of which shall be in accordance with the provisions of this Ordinance. SECTION 2, The State Board of Health, or its duly authorized representative, is hereby empowered and directed to make such inspections and investigations and to take such legal steps as may be necessary to regulate and con- trol the type, construction, capacity, location, use and to maintain in a sanitary condition all such facilities, privies, toilets, water closets, and all appurtenances thereto or used in connection therewith in the City of Fairhope, Alabama, and its police jurisdiction, and it shall be unlawful for any person, firm, or corporation to use or maintain in said City or its police jurisdiction any privy, dry closet, toilet, or water closet, or other method of sewage disposal not in accordance with the -pro- visions of this Ordinance, or not in accordance with the regulations and specifications general and uniform in their nature promulgated by the State Board of Health. SECTION 3. When used in this Ordinance and for the purposes thereof, the following terms and words shall be construed and have the meaning assigned to them as follows: Sanitary: The work "sanitary" when used in connection with or alluding to a system, method, or character of sewage disposal or to the type, capacity, construction, location, or condition of a water closet, septic tank, privy, or dry closet used for or in connection therewith shall in addition to its ordinary definition mean only such system, method or character of sewage disposal, and all appliances and appurtenances thereto which are used for or in connection with such purposes as are in accor- dance with the provisions of this Ordinance, or as are in accordance with regulations general and uniform in nature promulgated by the State Board of Health. Water Closet: A type of closet or receptacle normally containing a portion of water into which human excreta will in the course of proper or ordinary use thereof fall or be deposited and which water closet is connected to water under pressure and so constructed and equipped that such excreta will be washed or carried by water flowing or caused to flow through the same at appropriate intervals into a sewer or other system of drainage or method used for the disposal of such excretal sewage or contents in a sanitary manner. Septic Tank: A water -tight tank or receptacle used as a temporary reservoir for the purpose of receiving or depositing the sewageq contentsq or drainage from a water closet and which is connected with a system of sub -surface drainage or other outlet in such manner as willafford final disposal of such sewage, contents or drainage in a sanitary manner. Providedq that no septic tank shall be installed under the provisions of this Ordinance having loss than three hundred gallons effective capacity nor less than thirty inches of effective depth. Privy or Dry Closet: A receptacle, place or method used for the purpose of containing or disposing of human excreta other than a water closet, not connected to water under pressure. SECTION 4. A privy or dry closet as provided in this Ordinance, shall consist of an excavation not less than four feet in depth, and having a total dimension of not less than forty-three cubic feet into soil, over whichq and as a part of such privy or dry closet, is placed an appropraiate cap or covering and seat riser and screened vent pipe which shall conform to the design and speci- ficationsq rules and regulations of the State Board of Health respectively "Plans an,, Specifications for Approved Earth Pit PrIvies.' WoodhCbnstruction" and "Plans and Speci- fications for Approved Earth Pit Privies, Concrete Con- struction"t and be constructed in such a manner that all human excreta willq during the ordinary and proper use thereoft be deposited directly into such excavations. Such privies or dry closets shall be locatddq constructedg and maintained in such a manner as to exclude surface darinage, flies, insects and animals. Provided that two or more seats may be placed over and used in connection with a single excavation when the dimensions and capacity of such excavations are proportionately increased. SECTION 5. The provisions of this Ordinance relating to the type, capacity, construction or loeation of a water closet septic tank privy or dry closet shall be held to appiy to such V7ater closets, septic tanks and privies or dry closets as are now or may hereafter be constructedg reconstructed, rebuilt9 repaired9 or installed, and it shall be unlawful to construct, reconstructq rebultld repair or install a water closet, spetic tank privy or dry closet except in accordance with the provisions hereof. SECTION 6. It shall be unlawful for any persons firm, or corporation, or their agent, owning or controlling pro- perty, or for tenants or occupants of such property or premises in the Town of Fairhope2 Alabama, or its police juriddictiont to permit the disposal of human excreta on or about such property or premises except in a sanitary water closetq privy or dry closet as provided in this Ordinance. SECTION 7. Whenever used in this ordinance for the purpose thereof, the following wordsq terms9 or names shall be construed as follows: Dwelling: A "dwelling" is a'house br building or portion thereof which is occupied in shole or in part as the home,.residenceg or sleeping place of one or more human beings, either permanently or transiently. Private Dwelling: A "private dwelling" is a dwelling occupied by but one family alone. Two family dwelling: A "two family dwelling" is a dwelling occupied by but two families. Multiple Dwelling: A "multiple dwelling" is a dwelling occupled otherwise than as a "private Dwelling" or a "two family dwelling". Classes of Multiple Dwellings: Multiple dwellings are "dwellings" and for the purpose of this Ordinance are divided into two classes, viz: Class "All and Class "B". Class "A" Multiple Dwellings: Class "A" Multiple Dwellings are dwelling which are occupied more or less permanently for residence purposes by several families, and in wi_ich the rooms are occupied in apartments, suites or groups, and include tenant houses, flats, apartments, houses, apartment hotels, bachelor apartments, duplex apartments, kitchenette apartments and all other dwellings similarly occupied, whether specifically enumerated herein or not. Class "B" Dwellings: Class "B" Multiple Dwellings are dwellings which are occupied as a rule transiently as the more or less temporary abiding place of individuals who are lodged, with or without meals, and in which, as a rule, the room are occupied singly. This class includes hotels, lodging houses, boarding houses, furnished rooming houses, lodgings, club houses, convents, asylums, hospitals, jails and all other dwellings similarly occupied, whether specifically enumerated herein or not. SECTION 8. There shall be provided for each and every private dwelling in said Town of Fairhope, Alabama, or its police jurisdiction one seperate sanitary water closet, or separate privy or dry closet. SECTION 9. There shall be provided for each and every two family dwelling in said Town of Fairhope, Alabama or.its police jurisdiction one seperate sanitary water closet, or one separate privy for each family. SECTION 10. In multiple dwellings of Class "A" there shall be provided one separate sanitary water closet or separate privy or dry closet seat for each fifteen occu- pants or fraction thereof. Where a privy or dry closet is used there shall be provided not less than seven (7) cubic feet of pit space per capita. SECTION 11. In all buildings or places other than dwellings There persons are employed or congregate, there shall be provided one separate water closet or separate privy or dry closet seat for each twenty (20) persons or fraction thereof in which there shall be provided not less than six (63 feet of pit space per capita. Provided that in all such buildings or places and in multiple dwellings of Class "B" separate water closets, or privies or dry closets within separate and complete enclosures having separate entrances, shall be provided for males and females. SECTION 12. Water closets and privies or dry closets as provided in this Ordinance shall be located in a room or enclosure separate and apart from other rooms or en- closures used for other purposes. Provided that where two or more water closets, or privy or dry closet seats are located within a single or common enclosure, each shall be separated by a wall or partition so constructed as to effectively obstruct the vision or contact between persons during the ordinary use thereof. All rooms, buildings, or enclosures in which such ziater closets, or privies or dry closets are located shall be substantially constructed so as to afford reasonable privacy and pro- tection to users thereof from rain or extremes of weather and shall have adequate provision for light and ventilatdon. SECTION 13. No water closet shall be located out of doors or outside the principal building, the equipment of which i is intended to become a part nor shall such closet be placed in a cellar. SECTION 14. It shall be unlawful for dwellings or other buildings or premises which are not provided with sanitary water closets, or privy or dry closet facilities in accordance with the provisions of this Ordinance to ve leased or rented for the purpose of residence of occupancy by human beings or to be used or occupied for such purposes. SECTION 15. It shall be the duty of the State Board of Health, or its duly authorized representative, to prohibit, as provided by law the use or occupancy for dwelling purposes of a dwelling, building, or premises not so equipped, and when necessary, to order or cause such dwelling, building or premises to be vacated. SECTION 16. It shall be unlawful for any person to use or permit the use of a water closet, spetic tank, or privy or dry closet which is defective or for any reason insanitary, or which does not conform to the provisions of this ordinance, and each use thereof shall constitute a separate offense. SECTION 17. When an approved public water supply under suitable pressure and sanitary sewer is or becomes available within reasonable distance from any dwelling, building, or other place in the Town of Fairhope, Alabama or its police jurisdiction, where human beings reside, are employed or congregate, a water closet, connected to such water and sewer shall be immediately installed in accordance with the provisions of this Ordinance, and after such installation has been made, it shall be unlawful to maintain, use or permit to be used, in, on or about such dwelling premises or place any other type of water closet, or privy or dry closet. Provided that inihe absence of a sanitary sewer such water closet may be connected to a septic tank. Provided further that a privy or dry closet of Class "A" may when constructed, maintained and used subject to the provisions of this Ordinance, be substituted for any used in lieu of a water closet or yard closet on a place, location or premises adjacent or accessible to a sanitary sewer when such water closet or yard closet was installed prior to the adoption of this ordinance and if of a type or character not in conflict with this and other valid ordinances. SECTION 18. The provision of this Ordinance relating to sewer conncetions and water supplies shall be deemed to apply only where a public sanitary sewer and a public water main or pipe are or become reasonably accessible, when said public sewer and public water main or pipe are located within a distance of two hundred (200) feet of any outside line of the lot upon which such dwelling or other building is located, provided that when such pro- perty or premises is not subdivided into lots, and so designated on available surveys or maps of record, than the distances specified above shall be deemed to apply from the nearest portions of said dwellings or buildings. SECTION 19. When water suitable for use by human teings, the source and quality of which are approved for such use by the State Board of Health or its duly author- ized representatives, becomes available on any premises in the Town of Fairhope, Alabama, or its police juris- diction where human beings reside, are employed or congre- gate, and maintenance of or use of water for domestic purposes from open wells or other sources on such premises not so approved, is hereby declared to be unlawful. SECTION 20. When a pit or excavation used as or in connection with a privy or dry closet shall become filled with human excreta or other solid material to within eithteen (18) inches of the level of the surrounding sur- face, the owner, agent, tenant or person using said privy or dry closet or in possession of any place or premises upon which the same is located, shall forthwith construct a new privy or dry closet or reconstruct the same by the sanitary removal of its contents or by providing a new excavation of adequate dimensions in another location which shall be constructed and equipped in accordance with the provisions of this Ordinance. When a pit or excavation used as a privy or dry closet is abandoned after becoming filled or partly filled i-ith human excreta, the contents thereof shall be covered -ith dirt to a depth of -not less that eithteen (18) inches and in every case such pit or excavation sahll be filled up to a level with the surrounding surface and kept so. SECYION 21. All water closets, septic tanks or dry closets within the Town of Fairhope Alabama, or its police jurisdiction shall be subject to inspection or investigation by the State Board of Health or its duly authorized representative, at allisasonable times, and the said Board of Health or its representatives shall have the right to enter upon or into all Property, premises, or buildings for such purposes at all teason- able times. SECTION 22. The cost of providing sanitary toilets, privies or other methods of excreta disposal required by the provisions of this ordinance, shall be borne by the owner or agent of the property upon which said privies or toilets are located. SECTION 23. In the case of the failure of any person firm, association, corporation, or their agent, in the Town of Fairhope, Alabama to comply with he provisions of this ordinance within fifteen (15) days after written notice, the Town of Fairhope, Alabama, may order and execute the necessary improvements, the costs of the same to be assessed.against,':and to become a lein upon the entire property or premises upon which such installation or improvements are made, in accordance with the law. SECTION 24. All water closets, septic tanks, privies, or dry closets and appurtenances thereto on any premises in the Town of Fairhope, Alabama, or its police jurisdiction not constructed, located, equipped or maintained in accordance herewith are hereby declared to be insanitary, a menace to the public health and a nuisance, and shall be abated in accordance with law. SECTION 25. Each and every violation of the pro- visions of this Ordinance shall constitute a separate offense for each day such violation occurs or exists, except as provided in Section 16. SECTION 26. Any person violation the provisions of this Ordinance shall, upon conviction by punished as provided in Section 5277 of the Code of Alabama, of 1923, exdept that the fine in every case shalllr not less than $V.00. SECTION 27. All :ordinances.and_ parts_ of--6rdinances tn---c6nfl1dtth6rewith are hereby repealed. SECTION 28. If anysection, clause , provision, or i4 ute exnai such 'holdings-no°t-,a•ftect- anq� .oth�'eeto - provision or portion of this Ordinance which is not in itself and of itself unconstitutional. Approved March 12s 1928 Approved this the 1_2th day of March 1928 Clerk Mayor 1