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HomeMy WebLinkAboutORD 82-40 ORDINANCE NO. 82- V D AN ORDINANCE AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY ADDING SECTIONS 13-69 THROUGH 13-76; PROVIDING FOR DEFINITIONS; PROHIBITING LITTERING; ESTABLISHING RESPONSIBILITY FOR RETRIEVING LITTER; ESTABLISHING FINES AND PENALTIES; ASSESSING EXPENSES FOR THE CLEANING AND REMOVAL OF LITTER; AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of the City of Beaumont is amended by adding Sections 13-69 through 13-76 to read as follows : Section 13-69. DEFINITIONS. In this Ordinance: (1) "Container" means a sturdy, durable, watertight, reuseable receptacle with a tightly-fitting lid designed to prevent exposure or dispersion of its contents by the elements, or a plastic bag not less than 1 1/2 mil thick that has a capacity of not more than 30 gallons and that is tied or closed securely. (2) "Elements" means 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. (3) "Litter" means any man-made or man-used object, organic or inorganic material, or solid waste that is not; placed in: (a) A "container" as defined herein; or (b) An authorized sanitary waste disposal site; or (c) Another approved area, depository, or vehicle designated for transport or disposal of litter, trash, garbage, or waste. 410 �Z-,/,, -e2 i (4) "Person" means any individual, corporation, partnership, organization, business trust, estate, trust, association, and any other legal entity. Section 13-70. LITTERING. It shall be unlawful and constitute an offense for a person to dispose of "litter" except in a container as defined in Section 13-69( 1) , 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. Section 13-71. RESPONSIBILITY FOR RETRIEVING LITTER. (a) A person who owns or occupies property commits an offense if that person allows litter on that person's property. (b) A person commits an 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. Section 13-72. FINES AND PENALTIES. (a) Except as otherwise provided by this section, if it be shown that a person has violated this Ordinance, upon conviction the defendant shall be punished by a fine of not less than $25. 00 nor more than $200. 00. (b) Upon a second conviction for a violation of this Ordinance, the defendant shall be punished by a fine of not less than $50. 00 nor more than $200. 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 - 2 - property within ten ( 10) days after notice as provided in Article 4436 of the Revised Civil Statutes of Texas, 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. Section 13-73. FAILURE TO PAY EXPENSES; REMEDY BY THE CITY. The Mayor or health officer is hereby authorized to affix his signature to the statement of the expenses incurred by the City in the cleaning and removal of any litter, trash, garbage, or waste under this Ordinance and to file said statement of expenses as a lien against the premises which are in violation of this Ordinance at the County Clerk's office of Jefferson county. 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. 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 expenditures so made, in accordance with the provisions of Article 4436 of the Revised Civil Statutes of Texas, which lien shall be second only to tax liens and liens for street improvements, and such amount shall bear ten percent (10%) interest from the date the statement was filed, for such expenditure and interest as aforesaid. Suit may be instituted and recovery by foreclosure of such lien may be had in the name of the City, and a 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. Section 13-74. INJUNCTIONS. (a) In addition to the fines and penalities provided in this Ordinance, if it appears that a person has violated or is violating or is threatening to violate any provisions of this Ordinance, the City Attorney may institute a civil suit in a court of competent jurisdiction for injunctive - 3 - 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 Ordinance, the court shall grant such injunctive relief as the facts may warrant. Section 13-75. STRICT ENFORCEMENT. (a) All law enforcement personnel, inspectors, and other designated personnel shall carry out the provisions of this Ordinance and may issue citations for violations of this Ordinance. All law enforcement officers and representatives shall strictly enforce and prosecute the provisions of this Ordinance, and court officials shall see that this Ordinance receives strict interpretation and adjudication in a court of competent jurisdiction. (b) In any prosecution for violation of Section 13-70, proof that litter carne 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 13-70. Section 13-76. LIBERAL CONSTRUCTION; PROVISIONS OF ACT ADDITIONAL TO EXISTING LAW. The provisions of this Ordinance shall be liberally construed to effectuate its purpose; and all provisions of this Ordinance 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 Ordinance; and this Ordinance shall not diminish a court' s authority to prosecute a violation of other state or federal regulations, statutes, or laws. This Ordinance shall not be - 4 - construed to be inconsistent with any law of the State of Texas. In the event that any term or provision of this Ordinance shall be inconsistent with any law of the State of Texas, on its face or as applied to a particular factual situation, the State law shall prevail and this Ordinance shall not apply. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of �� �9 /A . 7 - Mayor - - 5 -