Ord. 0181-04 04-27-98ORDINANCE NO. 181-4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING CHAPTER 12, GARBAGE AND TRASH, OF THE
CITY OF PEARLAND CODE OF ORDINANCES (ORDINANCE NO. 181),
AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO
DECLARE THE DUMPING OF GARBAGE OR TRASH A COMMON AND
PUBLIC NUISANCE; PROVIDING A PENALTY FOR VIOLATION; HAVING
A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER
CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Section 12-2, Dumping of Garbage, Trash Generally, of
Chapter 12, Garbage and Trash, of the Code of Ordinances of the City of Pearland,
Texas, is hereby amended to read as follows:
"The dumping, unloading, discharging, or in any manner placing
or causing to be placed, any garbage, trash, or other waste materials
within the city and within the area immediately adjacent and contiguous
to the city limits extending for a distance of 5,000 feet beyond the city
limits, in violation of this article, is hereby declared to be unlawful and
constitutes a common and public nuisance. It shall be a defense if such
garbage or trash was dumped on grounds which are owned, maintained,
or operated by the city as dumping grounds, or such places as are
designated for garbage disposal by the city or on property in the city,
provided one has written permission from the owner of such property
and has obtained a permit from the city. This section shall not apply
within any portion of said 5,000 foot area within the city's extraterritorial
jurisdiction if said area is contained within the territory of any other
incorporated city, town, or village.
Section 2. Penalty. Any person who violates the provisions of this section
shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of
competent jurisdiction, be punished by a fine of not less than Twenty-five Dollars
($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation
continues shall be deemed a separate offense.
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ORDINANCE NO. 181-4
Section 3. Savings. All rights and remedies which have accrued in favor of
the City under this Ordinance and amendments thereto shall be and are preserved for
the benefit of the City.
Section 4. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or
otherwise unenforceable 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 thereof.
Section 5. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 6. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
Section 7. Publication and Effective Date. The City Secretary shall cause this
Ordinance, or its caption and penalty, to be published in the official newspaper of the
City of Pearland, upon passage of such Ordinance. The Ordinance shall then become
effective ten (10) days from and after its publication, or the publication of its caption
and penalty, in the official City newspaper.
PASSED and APPROVED on first reading this 13 th day of Apri1
A.D., 1998.
TOM REID
MAYOR
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ORDINANCE NO. 181-4
ATTEST:
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PASSED, APPROVED, and ADOPTED on second and final reading this 27th
day of Apri 1
ATTEST:
G L� 'FI Gj
Y SEC -ETA
APPROVED AS TO FORM:
GIAA.L A� t.l\
DARRIN M. COKER
INTERIM CITY ATTORNEY
, A.D., 1998.
TOM REID
MAYOR
VOTING RECORD (SECOND AND FINAL READING
APRIL 27, 1998)
Voting "Aye" - Councilmembers Cole, Berger,
Beckman, Tetens, and Wilkins.
Voting "No" - None.
Motion passed 5 to 0.
PUBLICATION DATE: APRIL 29 , 1998
EFFECTIVE DATE: MAY 9, 1998
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
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