When not inconsistent with the context, words used in the present tense shall include the future, words used in the plural number include the singular number, and words used in the singular include the plural number. The word “shall” is always mandatory and not merely directory.
Container.
A sturdy, durable, watertight, reusable receptacle with a tightfitting lid designed to prevent exposure or dispersion of its contents by the elements, or a plastic bag not less than one and one-half (1-1/2) mils thick that has a capacity of not more than thirty (30) gallons and that is tied or closed securely.
Elements.
Any man-made or natural force that, with reasonable foreseeability, could carry litter, trash, garbage, or waste from one place to another, and includes air currents, rain, water currents, and animals.
Litter.
Any man-made or man-used object, organic or inorganic material, or solid waste, and specifically includes trash which is not placed in:
(1) 
A “container” as defined herein;
(2) 
An authorized sanitary waste disposal site; or
(3) 
Another approved area, depository, or vehicle designated for transport or disposal of litter, trash, garbage, or waste.
Person.
Any individual, corporation, partnership, organization, business trust, estate, trust, association, and any other legal entity.
(Ordinance 82-40, sec. 1, adopted 4/6/82; Ordinance 84-40, sec. 3, adopted 3/13/84; Ordinance 03-025, sec. 1, adopted 3/25/03; 1978 Code, sec. 13-69)
It shall be unlawful and constitute an offense for a person to dispose of litter except in a container as defined in section 12.07.001, or in an authorized sanitary waste disposal site, or in another approved area, depository or vehicle designated for transport or disposal of litter, trash, garbage or waste.
(Ordinance 82-40, sec. 1, adopted 4/6/82; 1978 Code, sec. 13-70)
(a) 
A person who owns or occupies property commits an offense if that person allows litter on that person’s property.
(b) 
A person who owns or occupies any lot or premises commits an offense if that person allows litter on that portion of rights-of-way which abut such lot or premises between the centerline of such rights-of-way and the property line of such lot or premises.
(c) 
A person commits on offense if that person fails to retrieve and properly store litter that is on private or public property adjacent to that person’s own property if such litter is attributable to that person’s place of business or business activity or if such litter is a result of that person’s failure to properly dispose, store or containerize such litter. It shall be a defense to a prosecution for violation of this subsection that the defendant’s retrieval of litter would constitute a trespass in violation of the Texas Penal Code.
(Ordinance 82-40, sec. 1, adopted 4/6/82; Ordinance 87-2, sec. 1, adopted 1/6/87; 1978 Code, sec. 13-71; Ordinance 07-028, sec. 14, adopted 3/27/07)
(a) 
It shall be the duty of the enforcement officer to notify the owner and/or occupant of any premises within the city which is in violation of section 12.07.002 or 12.07.003 by:
(1) 
Written notice issued by hand notice in person to the property owner and/or occupant or person(s) responsible for improperly disposing of the litter; or
(2) 
Certified letter issued to the owner as listed on the county appraisal district roll and to the occupant stating that the violation must be corrected within seven (7) days from the date of issuance of the letter.
(b) 
If the owner and/or the occupant commits another violation of littering as stated in section 12.07.002 or 12.07.003 on the property within twelve (12) months after the date of the notice, the city may correct the violation at the owner’s expense and assess the expense against the property.
(c) 
If a violation covered by a notice under section 12.07.002 or 12.07.003 occurs within a 12month period after such notice, and the city has not been informed in writing of a change in ownership, then the city, without further notice, may take any action permitted by section 12.07.005.
(Ordinance 03-025, sec. 2, adopted 3/25/03; 1978 Code, sec. 13-71.1)
(a) 
Except as otherwise provided by this section, if it be shown that a person has violated this article, upon conviction the defendant shall be punished by a fine as listed in the fee schedule of this code.
(b) 
Upon second conviction for a violation of this article, the defendant shall be punished by a fine as listed in the fee schedule of this code.
(c) 
In addition to the fines and penalties provided for in this section, if a person owning or occupying land or property fails to remove litter, trash, garbage or waste from the property within seven (7) days after notice as provided in Health and Safety Code, chapter 342, subchapter A, section 342.006, the city is hereby authorized to cause such litter, trash, garbage, or waste to be removed with the expenses of cleaning and removal to be payable by the owner or occupant of the property.
(Ordinance 82-40, sec. 1, adopted 4/6/82; Ordinance 84-40, sec. 4, adopted 3/13/84; Ordinance 87-21, sec. 1, adopted 3/24/87; Ordinance 92-49, sec. 1, adopted 6/30/92; Ordinance 03-025, sec. 3, adopted 3/25/03; 1978 Code, sec. 13-72; Ordinance 25-008 adopted 2/18/2025)
The city shall assess to the owner or occupant of the property actual cleaning and removal expenses, not less than a fee as listed in the fee schedule of this code, plus an administrative fee. A statement of expense, which includes administration fees, incurred by the city in the cleaning and removal of any litter, trash, garbage, or waste under this article shall be mailed to the property owner as shown on the tax roll at the time of service. The statement of expenses shall, in addition to giving the amount of such expense, provide the date upon which such work was done, and a description of the lot or premises upon which such work was done. Payment is due and is considered delinquent if not received by the city within thirty (30) days. If payment is not made within ninety (90) days of such delinquency, the city's authorized agent is hereby authorized to add a lien assessment fee as listed in the fee schedule of this code to the statement of expenses incurred by the city in the cleaning and removal of any litter, trash, garbage or waste under this section and to file said statement of expenses as a lien at the county clerk’s office against the premises which are in violation of this article. This statement of expenses shall, in addition to giving the amount of such expense, provide the date upon which such work was done and a description of the lot or premises upon which such work was done. The city shall have a privileged lien upon such lot or real estate upon which such work was done or improvements made to secure the expenditure so made, in accordance with provisions of Health and Safety Code, chapter 342, subchapter A, section 342.007; the lien is inferior only to tax liens and liens for street improvements. Suit may be instituted in the name of the city, and statement of expenses so made as aforesaid, or a certified copy thereof, shall be prima facie evidence of the amount expended for such work or improvements.
(Ordinance 82-40, sec. 1, adopted 4/6/82; Ordinance 84-40, sec. 5, adopted 3/13/84; Ordinance 92-49, sec. 1, adopted 6/30/92; Ordinance 03-025, sec. 4, adopted 3/25/03; 1978 Code, sec. 13-73; Ordinance 25-008 adopted 2/18/2025)
(a) 
In addition to the fines and penalties provided in this article, if it appears that a person has violated or is violating or is threatening to violate any provisions of this article, the city attorney may institute a civil suit in a court of competent jurisdiction for injunctive relief to restrain the person from continuing the violation or threat of violation.
(b) 
On application for injunctive relief and a finding that a person is violating or threatening to violate any provision of this article, the court shall grant such injunctive relief as the facts may warrant.
(Ordinance 82-40, sec. 1, adopted 4/6/82; 1978 Code, sec. 13-74)
(a) 
All law enforcement personnel, inspectors, and other designated personnel shall carry out the provisions of this article and may issue citations for violations of this article. All law enforcement officers and representatives shall strictly enforce and prosecute the provisions of this article, and court officials shall see that this article receives strict interpretation and adjudication in a court of competent jurisdiction.
(b) 
In any prosecution for violation of section 12.07.002 or 12.07.003, proof that litter came from a particular vehicle together with proof that the defendant named in the complaint was, at the time of such offense, the registered owner of such vehicle shall constitute in evidence a rebuttable presumption that the defendant was the person who violated section 12.07.002 or 12.07.003.
(Ordinance 82-40, sec. 1, adopted 4/6/82; Ordinance 03-025, sec. 5, adopted 3/25/03; 1978 Code, sec. 13-75)
The provisions of this article shall be liberally construed to effectuate its purpose; and all provisions of this article shall be in addition to any other laws, statutes, or powers for enforcing penalties, fines, or forfeitures authorized by law with respect to any actions, commissions, or omissions declared unlawful by this article; and this article shall not diminish a court’s authority to prosecute a violation of other state or federal regulations, statutes, or laws. This article shall not be construed to be inconsistent with any law of the state. In the event that any term or provision of this article shall be inconsistent with any law of the state, on its face or as applied to a particular factual situation, the state law shall prevail and this article shall not apply.
(Ordinance 82-40, sec. 1, adopted 4/6/82; 1978 Code, sec. 13-76)