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
- “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.
- “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.
- “Garbage” shall be defined as putrescible discarded materials composed of animal, vegetable, or other organic matter.
- “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.
- “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.
- “Person” shall be defined as any person, firm, partnership, corporation, company, or organization of any kind.
- “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.
- “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.
- “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
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
Renee Thompson, City Secretary
Approved as to form: ____________________________
Robert Flournoy, City Attorney