04-91-Ordinance-Prohibiting Littering-03/04/1991CITY SECRETARY
ORIGINAL COPY
CITY OF SANGER,.TEXAS
NO ORDINANCE #04-91
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'
CONTROLLING THE DEPOSITING OF LITTER ON PRIVATE PREMISES; ANb
PRESCRIBING PENALTIES FOR THE VIOLATION OR VIOLATIONS OF ITS
PROVISIONS; AND DECLARING AN EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, HEREBY ORDAINS:
SECTION 1. Short Title
This ordinance shall be known and may be cited as the "SANGER
ANTI- LITTER ORDINANCE".—
SECTION 2. Definitions.
For the purpose 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
resulting 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.
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 otherwise reproduced original or copies of any matter
of literature not included in the aforesaid definitions of a
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commercial handbill or newspaper.
6. "Public Place" is any and all streets, sidewalks,
boulevards, alleys or other public ways and any and all public
parks, squares, spaces, grounds, and buildings.
7. " Refuse" is all putrescrible and noaputscrible solid
waste (except body waste), including garbage, rubbish, ashes,
streets cleanings, dead animals, abandoned automobiles, and solid
market and industrial wastes.
8. "Rubbish" is nonputrescrible solid waste 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 3. LITTER IN PUBLIC PLACES
No person shall throw or deposit litter in or upon any street,
sidewalk or public place within the City except in public
receptacles, in an authorized private receptacles for collection,
or in official City dumps.
SECTION 4. PLACEMENT OF LITTER IN RECEPTACLES SO AS TO 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 be the elements upon any street,
sidewalk or other public place or upon private property.
SECTION 5. 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 driveway. Persons owning or occupying property shall keep the
sidewalk in front of their premises free of litter.
SECTION 6. 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 7. TRUCK LOADS CAUSING LITTER.
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 or other public place.
SECTION 8. LITTER IN PARRS.
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
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such litter shall be carried away from the park by the person.
responsible for its presence and property disposed of elsewhere
as provided herein.
SECTION 9. 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 10. THROWING OR DISTRIBUTING COMMERCIAL HANDBILLS IN
PUBLIC PLACES
No person shall throw or deposit any commercial or non-commercial
handbill on or upon any sidewalk, street or other public place
within the City of Sanger.
SECTION 11. PLACING COMMERCIAL AND NON- COMMERCIAL HANDBILLS ON
VEHICLES
No person shall throw or deposit any commercial or non-commercial
handbill In or upon any vehicle inside the City of Sanger.
SECTION 12. 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 13. 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
required by law.
SECTION 14. LITTER ON VACANT LOTS.
No person shall throw or deposit litter on any open or vacant
private property within the City of Sanger whether owned by such
person or not.
SECTION 15. LITTER RESULTING FROM ACCIDENTS.
Any person removing a wrecked or damaged vehicle from street or
highway shall remove any glass or other injurious substance
dropped upon the highway or street from such vehicle or vehicles.
SECTION 16. PENALTIES
Any person violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and upon conviction
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thereof shall be fined in an amount not to exceed $ 1000.00
dollars. However, a fine or penalty for the violation of this
ordinance that governs fire safety, zoning, or public health and
sanitation, including dumping refuse, may not exceed $2000.00
dollars upon conviction.
SECTION 17. SEPARABILITY
If any section, subsection, sentence, clause, phrase, or portion
of this ordinance is for any reason held invalid or
unconstitutional 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 18. ORDINANCES REPEALED
all ordinances and parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
SECTION 19. EFFECTIVE DATE.
The fact that there are presently no adequate provisions
regulating public nuisance created by litter within the City of
Sanger, Texas, making 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 immediately from and after its passage, and it is
accordingly so ordained.
PASSED AND APPROVED this the 4 day of March A.D.
MAYOR, CITY OP-SANGE1ff
TEXAS
ATTES-T:
sow
CItV SECRETARY, CITY OF SANGER, TEXAS