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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 CITY SECRETARY ORIGINAL COPY 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 CITY SECRETARY ORIGINAL COPY 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 ,r CITY SECRETARY ORIGINAL COPY 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