The city, acting by and through its duly authorized officers,
agents and representatives, shall have the power to define all nuisances
and prohibit the same within the city and outside the city for a distance
of five thousand (5,000) feet; to police all parks or grounds, speedways
or boulevards owned by the city and lying outside of the city; to
prohibit the pollution of any stream, drain or tributary thereof,
which may constitute a source of water supply of any city, and to
provide for policing the same, as well as to provide for the protection
of any watersheds and the policing of the same; to inspect dairies,
poultry houses, slaughter pens and slaughter houses inside or outside
the city from which meat or milk is furnished to the inhabitants of
the city; as provided in Section 217.042, Local Government Code, which
grants such powers and authorizes such acts. All powers granted under
said section are specifically adopted and made a part hereof.
(1995 Code of Ordinances, Chapter 7, Article 7.100,
Section 7.101)
Whenever any nuisance as herein defined is found in any place
in this city for the removal, abatement, or destruction of which no
man can be held liable under the provisions hereof, it shall be the
duty of the city manager, or his designee, to remove, abate, or destroy
the same at the expense of the city.
(1995 Code of Ordinances, Chapter 7, Article 7.100,
Section 7.102)
(a) This
article shall be applicable and in force throughout the territory
of the city within its corporate limits.
(b) This
article shall also be applicable and in force within the area immediately
adjacent and contiguous to the city limits and extending for a distance
outside the city limits for a total of five thousand feet (5,000'),
and it shall be unlawful to do or perform any act in violation of
this article within such area of five thousand feet (5,000') outside
the city limits; provided, this article shall not apply within any
portion of such five thousand foot area which is contained within
the territory of any other municipal corporation.
(1995 Code of Ordinances, Chapter 7, Article 7.100,
Section 7.103)
This article shall be and is made cumulative of any other provisions
of this code defining nuisances or providing for the abatement thereof.
(1995 Code of Ordinances, Chapter 7, Article 7.100,
Section 7.104)
The following conditions, among others, shall constitute nuisances
when allowed, maintained, or suffered to exist and shall be considered
misdemeanors:
(1) Animal
Carcasses, Hauling.
Hauling, carrying, or transporting
any slaughtered or dead animal, or meat, on, along or upon any street,
alley, highway, park or public grounds without having the same covered
and protected from public view and screened from insects, germs, and
dust.
(2) Burning
Substances.
Burning in the open, hair, leather, rags,
or other substances emitting an offensive, unhealthful, or annoying
smell, smoke, or odor.
(3) Coal,
Etc., Dropping on Streets.
Throwing, hauling, or dumping
on or removing from any sidewalk, street, alley or other public place
any dry coal or other substance of any character so as to cause or
produce any annoying, offensive dust to be generated or diffused therefrom.
(4) Defecating,
Etc., in Public Place.
Defecating or urinating upon any
street, alley, park, or any public grounds, or upon any place visible
to persons in any public street or other public place or private residence.
(5) Fireworks.
The presence of any fireworks within the jurisdiction of the
city in violation of this code.
(6) Garbage,
Dumping on Another's Premises.
Throwing, putting or placing
upon the premises of another any dung, feces, urine, or other unclean
or filthy substance or liquid, trash, or other rubbish of any character,
or dead animal, bird or fowl, or fragment thereof.
(7) Glass,
Etc., On Streets.
Throwing or depositing any glass, tacks,
nails, or other similar articles on any street, alley, or sidewalk
or other public place in the city.
(8) Green
Hides.
Drying green hides or keeping or maintaining an
establishment for such purposes.
(9) Hogs,
Keeping.
Keeping any hog or hogs in any enclosure less
than five hundred feet (500') from the nearest residence.
(10) Manure,
Fertilizer.
The deposit or accumulation of manure or
other noxious fertilizer, unless in flyproof receptacles.
(11) Openings
in Streets, Etc.
Keeping or leaving open or unclosed
any vault, hole, cellar or other opening on any street, sidewalk,
alley, or other public thoroughfare, unless the same be sufficiently
protected and guarded to insure safety to all passing by or near the
same.
(12) Pigeons.
Keeping, breeding, or raising pigeons on or about any place
or premises in such number or in such manner that the same may be
or become annoying, offensive, or disturbing to the adjacent residents
of or those passing by such places or premises, or which by reason
of numbers create filth in or about such premises or premises adjacent
thereto.
(13) Polluted
Drinking Water.
The presence of polluted water in a well,
cistern, spring, or other source of water supply, when the water therefrom
is used for human consumption.
(14) Rubbish,
Etc., in Public Place.
Sweeping, throwing, or depositing
into, upon or along any drain, gutter, alley, sidewalk, street, public
place, or thoroughfare, trash, rubbish of any character, slop, dung,
feces, urine, filthy or stagnant water or other liquid, dead animals,
fowls, birds or fragments thereof, or any other unwholesome, unhealthy,
unsightly or offensive thing or substance.
(15) Scattering
Cards, Etc., in Public Places.
Scattering or distributing
any advertisements, circulars, cards, handbills, announcement or other
paper of like character upon any street, sidewalk, alley, park, public
grounds, or within any public building.
(16) Sewage
Disposal Facilities.
The maintenance of any but sanitary
privies, septic tanks, or other sewage disposal facilities, and these
only in compliance with the public health laws and regulations of
the state and city.
(17) Slaughterhouses.
Keeping, having or operating or suffering or permitting slaughtered
or killed for the market.
(18) Sleeping
in Public Places.
Sleeping upon any alley, street, sidewalk,
park, or other public grounds to which people may resort.
(19) Spitting
upon Sidewalks, Etc.
Expectorating or spitting upon any
sidewalk, street, or in or upon any public place or building, streetcar,
or any other public vehicle any spittle, saliva, secretion, or other
substance coming from the mouth or nose, or throwing or placing in
or upon any such place any chewed or partly chewed tobacco or snuff
or remnant of any cigar or cigarette.
(20) Standing
Water.
The accumulation of water in which mosquito larvae
breed.
(21) Trade
Injurious to Health or Comfort.
Any trade, business,
or occupation injurious to the health or comfort of those who reside
in the vicinity.
(22) Unclean
Premises.
All yards, lots, alleys, stables, pens, cellars,
vaults, drains, pools, wells, cisterns, privies, sewers, grounds,
premises or buildings of any character, which are not kept free of
dead carcasses, decaying flesh, fish, fowl, vegetables, stagnant water
or other stagnant liquids, slops, trash, rubbish, or other deposits
or substances of any and every character, which are likely to or do
become unwholesome, filthy, offensive, unhealthful, or likely to create
or engender disease.
(23) Weeds,
Etc., on Lots.
Permitting or allowing weeds, filth or
rubbish to grow, be or remain on any lots, grounds or premises, or
permitting such weeds to extend from such premises into any street
or alley adjacent to such lot, grounds, or premises.
(24) Weeds,
Etc., on Lots.
‡ Permitting or allowing weeds,
filth or rubbish to grow, be or remain on any lots, grounds or premises,
or permitting such weeds to extend from such premises into any street
or alley adjacent to such lot, grounds, or premises.
(25) Other
Acts.
Any act or thing, not hereinbefore enumerated,
which interferes with any person's right to be free from noxious and
unpleasant air, odor, gasses, and vapors and from the sights of foul
and offensive things and substances.
(1995 Code of Ordinances, Chapter 7, Article 7.100,
Section 7.105; Ordinance 1587-04 adopted 5/4/04)
(a) Definition
of Nuisance.
For the purposes of this section, the term
"nuisance" is defined to mean any condition or use of premises or
of building exteriors which is detrimental to the property of others
or which causes or tends to cause substantial diminution in the value
of other property in the neighborhood in which such premises are located.
This includes, but is not limited to, the keeping or the depositing
on, or the scattering over the premises of any of the following:
(1) Lumber,
junk, trash, or debris;
(2) Abandoned,
discarded, or unused objects or equipment such as furniture, stoves,
refrigerators, freezers, cans; or containers.
(b) Duty
of Maintenance of Private Property.
No person owning,
leasing, occupying, or having charge of any premises shall maintain
or keep any nuisance thereon, nor shall any such person keep or maintain
such premises in a manner causing a substantial diminution in the
value of the other property in the neighborhood in which such premises
are located.
(c) Enforcement
of Article.
Enforcement of this article may be accomplished
by the city in any manner authorized by law, and in addition, any
person who by reason of another's violation of any provision of this
section, suffers special damage to himself different from that suffered
by other property owners throughout the city generally, may bring
an action to enjoin or otherwise abate an existing violation.
(1995 Code of Ordinances, Chapter 7, Article 7.100,
Section 7.106)