Loading...
2-8-72-Ordinance-Prohibiting Litter in Public Places-02/07/1972ORDINANCE 2-8-72 AN ORDINANCE PROHIBITING THE THROWING OR DEPOSITING OF LITTER IN PUBLIC PLACES IN THE CITY OF SANGER, TEXAS, REGULATING THE DISTRIBUTION OF COMMERCIAL AND NON-COMMERCIAL HANDBILLS; CON- TROLLING THE DEPOSITING OF LITTER ON PRIVATE PREMISES; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF SANGER, TEXAS, HEREBY ORDAINS: SECTION I. Short Title. This ordinance shall be known and may be cited as the "Sanger Anti -Litter Ordinance". SECTION II. Definitions. For the purposes of this ordinance the following terms shall have the meaning given herein. 1. "Authorized Private Receptacle" is a litter storage and collection receptacle as required and authorized in the Code of Ordinances, City of Sanger, Texas. 2. "Commercial Handbill" is 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: a. Which advertises for sale any merchandise, product, commodity, or thing; or b. 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 sale; or c. 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. 3. "Garbage" is putrescible animal and vegetable wastes re - suiting from the handling, preparation, cooking and consumption of food. 4. "Litter" is "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 . CITY SECRETARY ORIGINAL COPY 5. "Non -Commercial Handbill" is any printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or other- wise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper. 6. "Public Place" is any and all streets, sidewalks, boule- vards, alleys or other public ways and any and all public parks, squares, spaces, grounds, and buildings. 7. "Refuse" is all putrescib le and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street clean- ings, dead animals, abandoned automobiles, and solid market and in- dustrial wastes. 8. rrRubbish" is nonputrescible solid wastes consisting of both combustible and non-combustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials. SECTION III. Litter in Public Places. No person shall throw or deposit litter in or upon any street, sidewaLk or other public place within the City except in public re- ceptaclesi , n an authorized private receptacles for collection, or in official City dumps. SECTION IV. Placement of Litter in Receptacles So as to Pre- vent Scattering. 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,. side- walk or other public place or upon private property. SECTION V. Sweeping Litter Into Gutters Prohibited. 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 drive- way. Persons owning or occupying property shall keep the sidewalk Page Two i } %Y in front of their premises free of litter. SECTION VI. Litter Thrown by Persons in Vehicles. No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the City, or upon private property. SECTION VII. Truck Loads Causing Litter. No person shall drive or move any truck or other vehicle with- in 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 or other public place. SECTION VIII. Litter in Parks. 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 up- on 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 IX. Litter in Lakes and Fountains. No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the City. SECTION X. Throwing or Distributing Commercial Handbills in Public Places. No person shall throw or deposit any commercial or non-commer- cial handbill in or upon any sidewalk, street or other public place within the City. SECTION XI. Placing Commercial and Non -Commercial Handbills on Vehicles. No person shall throw or deposit any commercial or non-commer- han db i 11 cial/ in or upon the vehicle. Page Three UTY SECRETARY ORIGINAL COPY SECTION XII. Depositing Commercial and Non -Commercial Handbills on Uninhabited or Vacant Premises. No person shall throw or deposit any commercial or non- commercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. SECTION XIII. Posting Notices Prohibited. No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamp post, public utility pole or shade tree, or upon any public structure or building, except as may be authorized or re- quired by law. SECTION XIV. Litter on Vacant Lots. No person shall throw or deposit litter on any open or vacant private property within the City whether owned by such person or not. SECTION XV. Litter Resulting from Accidents. Any person removing a wrecked or damaged vehicle from a street or highway shall remove any glass or other injurious substance dropp- ed upon the highway or street from such vehicle. SECTION XVI. Penalties. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding Two Hundred ($200.00) Dollars. Each day such violation is committed or permitted to con- tinue shall constitute a separate offense and shall be punishable as such hereunder. SECTION XVII. Separability. If any section, subsection, sentence, clause, phrase or por- Lion of this ordinance is for any reason held invalid or unconsti- tutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION XVIII. Ordinances Repealed. All ordinances and parts of ordinances in conflict with the Page Four provisions of this ordinance are he-reby repealed. SECTION XVIV. Effective Date. The fact that there are presently no adequate provisions regulating public nuisances created by litter within the City of Sanger, Texas, make the regulation hereof necessary in the public interest, creating an urgent and immediate emergency relative to the preservation of public health, safety, comfort and general welfare, requiring that this ordinance shall take effect immedi- ately from and after its passage, and it is accordingly so ordained. PASSED AND APPROVED this the day of , A. D. 1972. ATTEST: CITY S RETARY, CITY OF SANGER, TEXAS Page Five