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ORDINANCE NO.
4018
AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF LUFKIN, TEXAS PROHIBITING THE
PROLIFERATION OF LITTER, DEFINED HEREIN AS ALL WASTE MATERIAL WHICH,
IF THROWN OR DEPOSITED AS HEREIN PROHIBITED, TENDS TO CREATE A
DANGER TO PUBLIC HEALTH, SAFETY, WELFARE, AND DECORUM; PROVIDING FOR
A PENALTY; PROVIDING FOR SEVERIBILITY; REPEALING ALL INCONSISTENT
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,
it is deemed by the City Council of Lufkin, Texas that it is
detrimental to both public health and beauty of the City for litter
to accumulate in any public or private area, including streets and
highways; and
WHEREAS,
the City Council finds and determines that
the prohibition of litter proliferation is necessary to promote the
safety and beautification of public and private areas of the City of
Lufkin;
NOW, THEREFORE, BE
IT ORDAINED BY THE COUNCIL OF THE CITY OF LUFKIN, TEXAS:
SECTION 1 - DEFINITIONS
a)
“Authorized Private Receptacle” shall be defined as any receptacle
designed for the purpose of containing waste materials and is
provided by the City of Lufkin or a receptacle available
commercially specifically designed for the containment of litter.
b)
“Elements” shall be defined as any effect of weather patterns which
may create a force sufficient to move or otherwise transport litter
as defined above.
c)
“Garbage” shall be defined as putrescible discarded materials
composed of animal, vegetable, or other organic matter.
d)
“Litter” shall be defined as any man-made material that, if thrown,
discarded, or disposed as prohibited by this ordinance, may create a
danger to public health, safety, or welfare, or degrades the
environment. “Litter” shall include, but is not limited to, any
garbage, trash, refuse, rubbish, newspaper, magazine, glass, metal,
plastic, or paper container, construction waste, or any discarded
object.
e)
“Park” shall be defined as a park, playground, recreation center,
zoo, or any other public area in the City owned or used by the City
and devoted to active or passive recreation.
f)
“Person” shall be defined as any person, firm, partnership,
corporation, company, or organization of any kind.
g)
“Public place” shall be defined as any land owned or maintained by
the City of Lufkin, or any area generally accessible by the public
which may be privately owned within the jurisdiction of the City.
h)
“Refuse” shall be defined as all solid waste products having the
character of solids rather than liquids and that are composed wholly
or partially of materials such as garbage, trash, rubbish, litter,
residues from clean up of spills or contamination, or other
discarded materials.
i)
“Rubbish” shall be defined as combustible or slowly putrescible
materials, which include but are not limited to trees, wood, leaves,
trimmings from shrubs or trees, printed matter, plastic, and paper
products, grass, rags and other combustible or slowly putrescible
materials not included under the term “garbage”.
SECTION 2.
It shall be unlawful for any person to 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 or
in the Angelina County landfill. Persons placing litter in public
or private receptacles shall do so in such 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.
SECTION 3. It
shall be unlawful to throw or deposit litter upon any occupied or
unoccupied private property within the City, whether owned by such
person or not, except that the owner or person in control of private
property may maintain authorized private receptacles for collection
of litter in such manner that such litter will be prevented from
being carried or deposited by the elements upon any street, sidewalk
or other public place or upon any private property. The owner,
agent, occupant, operator, or lessee of any property, business,
industry, institution, or construction site operator shall be
responsible for maintaining occupied or unoccupied private property
free of litter.
SECTION 4.
It shall be unlawful to sweep into or deposit in any storm sewer,
gutter, street, or other public place within the City the
accumulation of litter from any building, lot, public or private
sidewalk or driveway. Persons owning or occupying property shall
keep the sidewalk and right-of-way in front of their premises free
of litter. Any person owning or occupying residence or a place of
business shall at all times maintain the premises free of litter and
shall prevent any litter from the premises from being carried or
deposited by the elements upon any street, right-of-way, alley,
sidewalk or other public place or upon any private property.
SECTION 5. It
shall be unlawful, while a driver or a passenger in a vehicle, to
throw or deposit litter upon any street or other public place within
the City or upon private property. Further, no person shall drive
or move any truck or other vehicle within the City unless such
vehicle is so constructed or loaded as to prevent any load, contents
or litter from being blown or deposited upon any street, alley,
stream, or other public place.
SECTION 6.
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.
SECTION 7.
No person shall throw or deposit litter in any fountain, pond, lake,
stream, creek, drainage ditch, or any other body of water within in
the City.
SECTION 8.
Violation of any provision of this ordinance shall be punishable by
a fine not to exceed $500, except where contradictory to the laws of
the State. Each day any violation of any provision of this
ordinance shall continue shall constitute a separate offense.
SECTION 9.
Ten (10) days after a citation is issued to any owner, agent,
occupant, operator, or lessee of any property, business, industry,
institution, or construction site to remove litter from the
premises, the City is authorized to clean up such property, by use
of City employees or by employing an agent of the City, and bill
such owner or occupant for the abatement costs thereof. If the bill
has not been paid within thirty (30) days, execution may be issued
by the City against the property for the abatement cost, and such
execution shall constitute a lien on the property, on parity with
liens for unpaid taxes, until the claim has been satisfied.
Execution of the notice to remove litter shall be in writing and
shall be in the form of a registered or certified letter.
SECTION 10. If any section, paragraph, subdivision, clause,
phrase or provision of this ordinance is hereafter determined to be
invalid or in violation of the law of the State of Texas or the
Constitution of the United States by a court of appropriate
jurisdiction, such finding of invalidity shall affect the continued
enforcement only of the provision or provisions so determined to be
invalid, it being the intent of the City Council of the City of
Lufkin, that all other terms and provisions of this ordinance not
affected thereby shall remain in full force and effect.
SECTION 11.
All other prior ordinances or portions of ordinances of the City of
Lufkin in conflict with the terms and provisions of this ordinance
are hereby repealed.
SECTION 12. This ordinance shall be effective 10 days after
publication.
PASSED AND APPROVED on First Reading by the City Council of the City of Lufkin, Texas, on
this the ____ day of October, 2007.
_____________________
Jack Gorden, Mayor
ATTEST:
__________________________
Renee Thompson,
City Secretary
PASSED AND APPROVED on Second Reading by the City Council of the City of Lufkin, Texas, on
this the ____ day of November, 2007.
_____________________
Jack Gorden, Mayor
ATTEST:
__________________________
Renee Thompson,
City Secretary
Approved as to
form: ____________________________
Robert Flournoy,
City Attorney
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