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 of not less than fifty dollars ($50.00)
nor more than one thousand dollars ($1,000.00).
(b) Upon second conviction for a violation of this article, the defendant
shall be punished by a fine of not less than one hundred dollars ($100.00)
nor more than one thousand dollars ($1,000.00).
(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)
The city shall assess to the owner or occupant of the property
actual cleaning and removal expenses, not less than twenty-five dollars
($25.00), plus an administrative fee of fifty dollars ($50.00). 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 of fifty dollars ($50.00) 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)
(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)