Ord. 0181-05 03-29-99ORDINANCE NO. 181-5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, CREATING A NEW SECTION 12-2, DUMPING OF GARBAGE,
TRASH PROHIBITED, OF CHAPTER 12, ENTITLED GARBAGE AND
TRASH, OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND,
TEXAS; PROVIDING A PROHIBITION AGAINST THE DUMPING OF
GARBAGE AND TRASH WITHIN THE CITY; PROVIDING A PENALTY
FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE,
AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION,
PUBLICATION AND AN EFFECTIVE DATE; AND CONTAINING OTHER
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO PROHIBIT THE DUMPING OF
GARBAGE AND TRASH INURES TO THE BENEFIT OF THE PUBLIC
AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY
AND WELFARE OF THE CITIZENRY.
WHEREAS, the dumping of garbage and trash on land not designated for garbage
disposal within the City creates an unsightly condition on the land, poses a serious health
hazard to the City's residents, and forces the City to spend its tax dollars and other
limited resources to remove the garbage and restore the land to its prior condition; and
WHEREAS, the City Council finds and determines that prohibiting the unlawful
dumping of garbage or trash within the City is reasonable and necessary to protect the
health, safety, and welfare of the public; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. Section 12-2. Dumping of Garbage, Trash Prohibited.
(a) Generally. It shall be unlawful for any person, by his action or that of his agent,
employee, or any person under his control to suffer or permit any garbage, trash, refuse
or other waste matter to be dumped, deposited, discharged or otherwise disposed of
upon any street, lot, park, public place or other area whether publicly or privately owned,
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ORDINANCE NO. 181-5
except at garbage dumps or dumping grounds which are owned, maintained or operated
by the city, or at such places as are designated for garbage disposal by the city or on
property in the city, provided he has written permission from the owner of such property
and has obtained a permit from the city. As used herein, "waste matter" includes, but is
not limited to, tires, household furnishings, mattresses, appliances, hazardous or toxic
materials, motor fuel or oil products, vehicle parts, dirt, sand, gravel, clay, stone, rocks,
concrete, rubbish, or debris of any sort, glass, cans, bottles, magazines, newspapers,
boxes, or other types of paper products, building rubbish, sawdust, shavings, building
material, tile, plaster, trade or household waste, ashes, manure, yard trimmings, grass,
tree branches, leaves, or any organic or non -organic material.
(b) Penalties. The violation of this section shall be punishable upon first conviction
by a fine of not Tess than $100.00 nor more than $2,000.00 and upon each subsequent
conviction by a fine of not Tess than $250.00 nor more than $2,000.00. Vehicles used
in the violation of this section are subject to seizure and impoundment, and the owner of
record shall be liable for towing and storage fees. Each day that any violation continues
shall be punishable as a separate offense.
(c) Nuisance. Any waste matter dumped in violation of this section is hereby
declared to be a public nuisance, and any enforcement officer of the city is hereby
empowered to use all reasonable means necessary to abate such nuisance when the
same exists within the city.
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ORDINANCE NO. 181-5
(d) Reward. The mayor or his designee is hereby empowered to offer a reward
of Seventy-five Dollars ($75.00), payable to the person or persons who shall be
responsible for the arrest and conviction at trial of any person for the violation of this
section. Police officers and other city employees who acted in their official scope are
hereby disqualified from receiving such reward, as are individuals involved in any way
whatsoever in the violation of this section.
Section 2. Declaration of Emergency. The Council finds and determines that
the need to prohibit the dumping of garbage and trash inures to the benefit of the public
and, therefore, bears directly upon the health, safety and welfare of the citizenry; and that
this Ordinance shall be adopted as an emergency measure, and that the rule requiring
this Ordinance to be read on two (2) separate occasions be, and the same is hereby
waived.
Section 3. Savings. All rights and remedies which have accrued in favor of the
City under this Chapter and amendments thereto shall be and are preserved for the
benefit of the City.
Section 4. Repealer. All ordinances and parts of ordinances in conflict herewith
are hereby repealed but only to the extent of such conflict.
Section 5. 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
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ORDINANCE NO. 181-5
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 and Only Reading this the 29th day of March,
A.D., 1999.
ATTEST:
APPROVED AS TO FORM:
CiDaJva,--`11k
DARRIN M. COKER
CITY ATTORNEY
)0';')
TOM REID
MAYOR
VOTING RECORD (FIRST AND ONLY READING
MARCH 29, 1999)
Voting "Aye" -
Councilmembers Berger, Beckman,
Seeger, and Wilkins.
Voting "No" - None.
Motion passes 4 to 0, Councilmember Tetens absent.
PUBLICATION DATE: MARCH 31, 1999
EFFECTIVE DATE: APRIL 10, 1999
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
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