(Ord. No. B-722, § 1(7-130), 11-11-2004)
This article shall be known and may be cited as the "City of
Burleson Anti-Litter Ordinance."
(Ord. No. B-722, § 1(7-131), 11-11-2004)
For the purposes of this article, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words used in the plural number include the singular
number and words used in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
Any contrivance now known or hereafter invented, used or
designated for navigation or for flight in the air. The word "aircraft"
shall include helicopters and lighter-than-air dirigibles and balloons.
A litter storage and collection receptacle as required and authorized in chapter 82 of this Code.
The City of Burleson.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet or any other printed or
otherwise reproduced original or copies of any matter of literature:
Which advertises for sale any merchandise, product, commodity
or thing; or
Which directs attention to any business or mercantile or commercial
establishment, or other activity, for the purpose of either directly
or indirectly promoting the interest thereof by sales; or
Which directs attention to or advertises any meeting, theatrical
performance, exhibition or event of any kind, for which an admission
fee is charged for the purpose of private gain or profit; but the
terms of this definition shall not apply where an admission fee is
charged or a collection is taken up for the purpose of defraying the
expenses incident to such meeting, theatrical performance, exhibition
or event of any kind, when either of the same is held, given or takes
place in connection with the dissemination of information which is
not restricted under the ordinary rules of decency, good morals, public
peace, safety and good order. Nothing contained in this definition
shall be deemed to authorize the holding, giving or taking place of
any meeting, theatrical performance, exhibition or event of any kind
without a license, where such license is or may be required by any
law of this state, or under any ordinance of this city; or
Which, while containing reading matter other than advertising
matter, is predominantly and essentially an advertisement, and is
distributed or circulated for advertising purposes, or for the private
benefit and gain of any person so engaged as advertiser or distributor.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
"garbage", "refuse" and "rubbish" as defined herein and all
other waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the Post Office Department of
the United States, in accordance with federal statute or regulation
and any newspaper filed and recorded with any recording officer as
provided by general law; and, in addition thereto, any periodical
or current magazine regularly published with not less than four issues
per year, and sold to the public.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or
any other printed or otherwise reproduced original or copies of any
matter of literature not included in the aforesaid definitions of
a commercial handbill or newspaper.
A park, reservation, playground, beach, recreation center
or any other public area in the city, owned or used by the city and
devoted to active or passive recreation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any dwelling, house, building or other structure designed
or used either wholly or in part for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
including any yard, grounds, walk, driveway, porch, steps, vestibule
or mailbox belonging or appurtenant to such dwelling, house, building
or other structure.
Any and all streets, sidewalks, boulevards, alleys, or other
public ways and any and all public parks, squares, spaces, grounds
and buildings.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleaning, dead
animals, abandoned automobiles, and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, including devices
used exclusively upon stationary rails or tracks.
(Ord. No. B-722, § 1(7-132), 11-11-2004)
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the city, except in public receptacles,
in authorized private receptacles for collection or at a city solid
waste transfer station at such times as the city manager (or designee)
may open the transfer station(s) to the public.
(Ord. No. B-722, § 1(7-133), 11-11-2004)
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in such a manner as to prevent it
from being carried or deposited by the elements upon any street, sidewalk
or other public place or upon private property.
(Ord. No. B-722, § 1(7-134), 11-11-2004)
No person shall sweep into or deposit in any gutter, street
or other public place within the city the accumulation of litter from
any building or lot or from any public or private sidewalk or driveway.
Persons owning or occupying property shall keep the sidewalk in front
of their premises free of litter.
(Ord. No. B-722, § 1(7-135), 11-11-2004)
(a)
No
person owning or occupying a place of business shall sweep into or
deposit in any gutter, street or other public place within the city
the accumulation of litter from any building or lot or from any public
or private sidewalk or driveway. Persons owning or occupying places
of business within the city shall keep the sidewalk in front of their
business premises free of litter.
(b)
A person
doing construction work within the city shall at all times keep the
sidewalk, street, alley and public or private property abutting the
construction site free of construction trash, litter and debris.
(Ord. No. B-722, § 1(7-136), 11-11-2004)
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter upon any street, other public place within the city,
or upon private property.
(Ord. No. B-722, § 1(7-137), 11-11-2004)
A person who drops or throws or permits to be dropped or thrown
upon a street any destructive or injurious material, shall immediately
remove the material or cause the material to be removed.
(Ord. No. B-722, § 1(7-138), 11-11-2004)
No person shall throw or deposit litter in any park within the
city except in public receptacles and in such a manner that the litter
will be prevented from being carried or deposited by the elements
upon any part of the park or upon any street or other public place.
Where public receptacles are not provided, all such litter shall be
carried away from the park by the person responsible for its presence
and properly disposed of elsewhere as provided herein.
(Ord. No. B-722, § 1(7-139), 11-11-2004)
No person shall throw or deposit litter in any fountain, pond,
lake, stream, bay or any other body of water within the city.
(Ord. No. B-722, § 1(7-140), 11-11-2004)
(a)
Throwing,
distributing, etc., handbills in public places.
No person
shall throw or deposit any commercial or noncommercial handbill in
or upon any sidewalk, street or other public place within the city;
nor shall any person hand out or distribute or sell any commercial
handbill in any public place. It shall not be unlawful on any sidewalk,
street or other public place within the city for any person to hand
out or distribute, without charge to the receiver thereof, any noncommercial
handbill to any person willing to accept it.
(b)
Placing
handbills in or upon vehicles.
No person shall throw
or deposit any commercial or noncommercial handbill in or upon any
vehicle. It shall not be unlawful in any public place for a person
to hand out or distribute, without charge to the receiver thereof,
a noncommercial handbill to any occupant of a vehicle who is willing
to accept it.
(c)
Depositing
handbills on uninhabited or vacant premises.
No person
shall throw or deposit any commercial or noncommercial handbill in
or upon any private premises which are temporarily or continuously
uninhabited or vacant.
(d)
Distribution
of handbills where posted or indicated as prohibited.
No person shall throw, deposit or distribute any commercial or noncommercial
handbill upon any private premises, if requested by anyone thereon
not to do so, or if there is placed on such premises in a conspicuous
position near the entrance thereof, a sign bearing the words "No Trespassing,"
"No Peddlers or Agents," "No Advertisement," or any similar notice
indicating in any manner that the occupants of such premises do not
desire to be molested or have their right of privacy disturbed, or
to have any such handbills left upon such premises.
(e)
Manner
of distribution of handbills to inhabited premises.
(1)
Unposted, private premises.
In case of inhabited private
premises which are not posted, as provided in this article, such person,
unless requested by anyone upon such premises not to do so, may place
or deposit any such handbill in or upon such inhabited private premises
if such handbill is in a plastic bag or so placed or deposited as
to secure or prevent such handbill from being decomposed by the elements
or blown or drifted about such premises or sidewalks, streets or other
public places. Mailboxes may not be so used when so prohibited by
federal postal law or regulations.
(2)
Requirements for commercial handbills distributed to inhabited premises.
a.
All commercial handbills will have printed on page one of the handbill
the following statement: "IF YOU DO NOT WISH TO RECEIVE THIS PUBLICATION,
PLEASE CALL" followed by an area code plus the telephone number that
an owner or occupant of the premises may use to notify the person
distributing such handbills that handbills are not to be delivered
to the owner or occupant's premises. The font for this statement and
telephone number must be no smaller than 12 point, bold.
b.
Persons distributing such commercial handbills will maintain a listing
of all premises which have notified the handbill distributor that
handbills are not to be delivered to the premises. This listing shall
include the address of the premises, the owner or occupant making
the notification, and the date the notification was first made. This
information shall be provided to the city January 1 of each year and
at such other times as the city may request it.
(3)
Exemption for mail and newspapers.
The provisions of
this section shall not apply to the distribution of mail by the United
States, nor to newspapers (as defined herein) except, that newspapers
shall be placed on private property in a plastic bag and so placed
or deposited in such manner as to prevent their being carried or deposited
by the elements upon any street, sidewalk or other public place or
upon private property.
(f)
Responsibility
for compliance with section.
The person whose address
or telephone number is listed in the handbill or who is otherwise
named, described, or identified in the handbill is the person presumed
to be responsible, either personally or through an agent or employee,
for any violation of this section.
(Ord. No. B-722, § 1(7-141), 11-11-2004)
No person in an aircraft shall throw out, drop or deposit within
the city any litter, handbill or any other object.
(Ord. No. B-722, § 1(7-142), 11-11-2004)
(a)
A person
commits an offense by posting or affixing or causing to be posted
or affixed to any lamp post, utility pole, telephone pole, cellular
telephone pole, or tree that is located on any public right-of-way
or other public property, or to any public structure or building any
notice, poster, paper, or device, which is calculated to attract the
attention of the public.
(b)
Whenever any notice, poster, paper, or device is posted or affixed, or caused to be posted or affixed, in violation of subsection (a) of this section, the person whose address or telephone number is listed in the notice, poster, paper, or device, or who is otherwise named, described, or identified in the notice, poster, paper, or device, is the person who committed the violation, either personally or through an agent or employee.
(Ord. No. B-722, § 1(7-143), 11-11-2004)
A person commits an offense if he throws or deposits litter
on any occupied private premises within the city, whether owned by
the person or not, or in or on any gutter, parkway, sidewalk, or alley
adjacent to the private premises; except, that the owner, occupant,
or person in control of private premises may maintain authorized private
receptacles for collection in such a manner that litter will be prevented
from being carried or deposited by the elements upon any street, gutter,
parkway, sidewalk, alley, or other public place or upon any private
premises.
(Ord. No. B-722, § 1(7-144), 11-11-2004)
An owner, occupant, or person in control of private premises
commits an offense if he places, deposits, or throws; permits to accumulate;
or permits or causes to be placed, deposited, or thrown, any litter
on the premises or in or on any gutter or parkway adjacent to the
premises or on one-half of that portion of an alley adjacent to the
premises, unless the litter has been deposited in an authorized private
receptacle for collection.
(Ord. No. B-722, § 1(7-145), 11-11-2004)
A person commits an offense if he throws or deposits litter
on any open or vacant private property within the city, whether owned
by the person or not, or in or on any gutter, parkway, sidewalk or
alley adjacent to the private property.
(Ord. No. B-722, § 1(7-146), 11-11-2004)
(a)
Upon the failure of the owner, occupant, or person in control of private premises to comply with section 34-295, the director shall have the litter removed from the premises.
(b)
Before having the litter removed, the director must notify the owner of the premises to bring the premises into compliance with section 34-295 within ten days. The notice must be in writing and may be served by handing it to the owner in person or by United States regular mail, five-day return receipt requested, addressed to the owner at the owner's post office address as shown on the tax rolls of the city or of the county in which the premises are located. If the owner cannot be found and the letter is returned by the United States Postal Service, then the owner may be notified by:
(1)
Publication two times within ten consecutive days in a newspaper
of general circulation within the city;
(2)
Posting the notice on or near the front door of each building on
the premises to which the violation relates; or
(3)
Posting the notice on a placard attached to a stake driven into the
ground on the premises to which the violation relates, if the premises
contain no buildings.
(c)
The director may send a notice of violation of this article by certified mail, return receipt requested, informing the owner of the property on which the violation exists that, if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the city may, without further notice, correct the violation at the owner's expense and then assess the expense against the property. If a violation covered by a notice under this subsection occurs within the one-year period, and the city has not been informed in writing by the owner of a change in ownership of the property, then the city may, without notice, take any action permitted by subsection (a) and assess its expenses as provided in section 34-298.
(Ord. No. B-722, § 1(7-147), 11-11-2004)
(a)
If the city removes litter on or from the private premises at the request of the owner or upon the failure of the owner to comply with the notice required under section 34-297, charges in the amount of the total actual costs incurred by the city in performing the work will be collected from the owner, or levied, assessed, and collected against the premises on which the work is performed. The charges will be collected by the city. The city shall file a statement with the county clerk of the county where the premises are located setting out the actual costs incurred by the city, the name of the property owner if known, and a legal description of the property, as required by state law.
(b)
At the time a statement is filed under subsection (a) as required by state law, the city shall have a privileged lien against the premises, second only to tax liens and liens for street improvements, in the amount of the actual costs incurred, plus ten percent interest on that amount from the date costs were incurred.
(c)
The city may file a suit in an appropriate court of law to foreclose upon its lien and recover its actual costs incurred plus interest. The suit must be filed in the name of the city. The statement filed under subsection (a), or a certified copy of the statement, is prima facie proof of the amount of actual costs incurred by the city.
(Ord. No. B-722, § 1(7-148), 11-11-2004)
(a)
A person
who violates a provision of this article, or who fails to perform
an act required of him by this article, commits an offense. A person
is guilty of a separate offense for each day or portion of a day during
which the violation is committed, continued, or permitted.
(b)
An
offense under this article is punishable by a fine of not more than
$2,000.00 nor less than:
(c)
The minimum fines established in subsection (b) shall be doubled for the second conviction of the same offense within any 24-month period and trebled for the third and subsequent convictions of the same offense within any 24-month period. At no time shall the minimum fine exceed the maximum fine established in subsection (b).
(d)
Except
where otherwise specified, a culpable mental state is not required
for the commission of an offense under this article.
(e)
Any
police officer of the city or any code enforcement officer of the
city shall enforce this article when a violation occurs in a public
place, or when a violation occurs on private property.
(f)
The
penalty provided herein shall be cumulative of other remedies provided
by state law, including without limitation the power of injunction.
