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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, 1 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. 2 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 3 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 4