HomeMy WebLinkAbout1396 11-23-1999ORDINANCE NO. 1 396
AN ORDINANCE AMENDING SECTION 46 -52 OF ARTICLE
111 "LITTERING" OF CHAPTER 46 "NUISANCES" OF THE
CODE OF ORDINANCES, CITY OF EULESS, TEXAS;
:ADDING PROVISIONS REQUIRING OWNERS OF
PROPERTY WITHIN THE CITY TO KEEP SAID PROPERTY
FREE AT ALL TIMES OF ACCUMULATIONS OF REFUSE,
GARBAGE, RUBBISH, JUNK OR OTHER LITTER;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVING CLAUSE AND EFFECTIVE DATE.
WHEREAS, the City of Euless, Texas, currently has in force ordinances which prohibit
littering on public or private property within the City; and
WHEREAS, although such ordinances allow prosecution of the person or entity placing the
litter, rubbish,junk or other matter upon public or private property, there are currently no provisions
requiring the owner of property to keep such property free of litter or other accumulations of
garbage, rubbish orjunk; and
WHEREAS, there exist properties within the City upon which litter has been deposited, but
City enforcement officers have been unable to determine the identity of the person or entity
depositing such litter on such property; and
WHEREAS, it is imperative for the health, safety and general welfare of the citizens of
Euless that such accumulations not be allowed to exist or remain on private property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
That Section 46 -52 "PROHIBITED" of Article III "LITTERING" of Chapter 46
"NUISANCES" of the Code of Ordinances of the City of Euless, Texas, as amended, be hereby
amended by re- designating the existing text of said section as Subsection (a), and by adding a new
Subsection (b) to said Section 46 -52, which new subsection shall hereafter be and read as follows:
(b) The owner or person in control of any private property within the City shall at all
times maintain such premises free of accumulations of garbage, rubbish, junk or
other litter, and the failure of any such owner or person in control to do so shall be
punishable as an offense under this Code, as a violation of a provision governing
public health and sanitation.
Severability Clause. Chat it is hereby declared to be the intention of the City Council that
the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase,
clause, sentence, paragraph or section.
III.
Savin2Clause. That Chapter 46 of the Code of Ordinances, City of Euless, Texas, as
amended, shall remain in full force and effect, save and except as amended by this ordinance.
IV.
Effective Date. This ordinance shall be in full force and effect from and after its passage and
publication as provided by the Euless City Charter and the laws of the State of Texas.
PRESENTED AND GIVEN FIRST READING and approved at a regular meeting of the
Euless City Council on the 23rd day of November , 1999; by a vote of 6 ayes, 0 nays
and 0 abstentions.
APPROVED:
Mary Lib— Saldh, Mayor
ATTEST:
Susan Crim, CM , City Secretary
ORDINANCE NO. 1 J96 Page 2
APPROVED AS TO FORM:
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ORDINANCE NO. 396 Page 3