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Home My WebLink About302 05-23-1967ORDINANCE NO. 302 AN ORDINANCE PROHIBITING THE PLACING OR DEPOSITING Of REFUSE, GARBAGE, RUBBISH, JUNK OR OTHER LITTER IN OR UPON ANY PUBLIC STREET, ROAD OR OTHER PUBLIC PLACE WITHIN THE CiTY OF EULESS; DEFINING CERTAIN TERMS; PROHIBITING THE DISCARDING OR DEPOSIT OF REFUSE, GARBAGE, RUBBISH, JUNK AND OTHER LITTER ON PRIVATE PROPERTY; PRESCRIBING A PENALTY; PROVIDING FOR A LIEN; PROVIDING A SAYINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, SECTION I No person shall hereafter deposit, discard or throw refuse, gar- bage, rubbish, Junk or other litter In or upon any public street, road or other public place or upon private property within the City of Euless except in public receptacles or in authorized private receptacles for collection or In an official city sanitary land fill. SECTION II For the purposes of this Ordinance, the following terms, phrases and words shall have the meaning herein given: 1) "City" Is the City of Euless, Texas. 2) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. 3) "Refuse" shall Include garbage, rubbish, and all other decayable and none- decayable waste, including vegetable, animal and fish carcasses, except sewage from all public and private establishments and residences. 4) "Garbage" shall Include all decayable wastes, including vegetable, animal and fish offal and carcasses of such animals and fish, except sewage and body wastes, but excluding industrial by- products, and shall Include all such substances from ail public and private establishments and from all residences. 5) "Rubbish" shall Include all non-decayable wastes, except ashes. from all public and private establishments and from all residences. b) ".funk" shall include all worn out, worthless and discarded material, in general, Including, but not limited to, odds and ends, old iron or other metal, glass, paper. cordage or other waste or discarded materials. 7) "Litter" shall mean refuse. garbage, rubbish and Junk. singly or any combination thereof. SECTION lit Persons placing litter in public receptacles or in authorized private receptacles shall do so In such manner as to prevent It from being carried or deposited by the elements upon any street, sidewalk or other public or private place. SECTION IV No person shall sweep into or deposit In any gutter, street or other public or private place within the City the accumulation of litter from any building or lot or from any public or private sidewalk or drive- way. Persons owning or occupying property shall keep the sidewalk and driveways abutting their promises clean and free of litter. SECTION V No person owning or occupying a place of business shall sweep Into or deposit In any gutter, street or other public or private 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 places of business within the City shall keep the sidewalk abutting their business premises clean and free of litter. SECTION V1 No person, while a driver or passenger In a vehicle, shall throw or deposit litter upon any private property, any street or other public place within the City. SECTION VII 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 or contents of litter from being blown or deposited upon any street, alley or other private or public place. SECTION Vill No person MiAlltbhrow or deposit In any park within the City except In public receptacles and in such ■ 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 ;Jrlvate or public place. where public recep- tacles are not provided, all such litter shall be carried away from the park by the person responsible for Its presence and properly disposed of elsewhere. SECTION IX No person shall throw or deposit litter on any occupied private propertymtthin the gitx whethev owed by such or not except ha thr W or person n bistro o pr vate property may ma ntain author�zefd pr vater receptacles for collection In such a manner that ilttir will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property. SECTION X Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of such litter within five (5) days after receipt of written notice or within ten (10) days after the date of such notice In the event the same Is returned to the City Post Office Department because of its Inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner, or agent, the City Manager is hereby authorized and 10powered to pay for the disposing of such litter or to order its disposal by'the City. SECTION XI tbb expense incurred pursuant to this Ordinance in moving and disposing of litter from private property, and the cost of publication of notice In the newspaPer shall be paid by the City and charged to the owner of such property. In the event that the owner fails or refuses to pay such expense within thirty (30) days after the first day of the month following the one In which the work was done, the City shall file with the County Clerk of Tarrant County a statement of the amount so expanded. Such amount shall bear interest at the rate of ten per cent from the date the City Incurs the expense. For any such expenditures and interest, suit may be Instituted and recovery and foreclosure had by the City. The statement of expense filed with the County Clerk or a certified copy thereof shall be prima facie proof of the amount expended in such work, improvement or correction of the property. All Is more particularly specified In Article 4436, Vernon's Annotated Texas Civil Statutes, which is hereby adopted. SECTION XII Any person violating any of the terms of this Ordinance shall be subject to a fine of not more than $200.00, If such violation be of a continuous nature, and each and every day that violation occurs shall constitute a separate and distinct offense. SECTION XIII Should any section, provision, word, phrase, or clause of this Ordinance or the application thereof to any person or circumstance be held Invalid, unconstitutional or Ineffective, the remainder of the Ordinance, and the application of such provisions to other persons or circumstances shall not be effected thereby. SECTION XIV Since the City of Euless has no Ordinance regulating, supervising or controlling litter, there has been created and exists an urgency and an emergency for the iammediate preservation of the public peace, health and safety, requiring that this Ordinance shall become effective Immediately from and after Its passage and publication and It is accordingly so ordained. SECTION XV This 6rdinance shall be In full force and effect from and after Its passage as by law provided. PRESENTED AND GIVEN FIRST READING on the nth day of ay. . ,1967o at a regular meeting of the City Council of the City of Euless, Texas; and given SECOND READING. passed and approved on the 2.3„r, day of Ma" Is 1967, by a vote o► ayes and o „ nays at a reaWlar meeting of the City Council of the City of Euless, Texas. APPROVED: Mayor ATTEST: C ty Secretary