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Home My WebLink About08511 ORD - 07/05/1967AN ORDINANCE AN ORDINANCE DEFINING DRIVE -IN RESTAURANTS; DEFINING LITTER; STATING A PUBLIC POLICY; DEFINING A PUBLIC PLACE; PROHIBITING LITTER IN SUCH PUBLIC PLACE; PROVIDING FOR PENALTY; PROVIDING FOR SEVERABILITY; ORDAINING OTHER PROVISIONS RELATED TO THE ORDINANCE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. DEFINITIONS: AS USED HEREIN, THE FOLLOWING WORDS SHALL HAVE THE FOLLOWING MEANING: (I) "LITTER" IS ANY TRASH, PAPER, NAPKINS, STRAWS, CUPS OR CONTAINERS MADE OF PAPER, PLASTIC, OR OTHER SIMILAR MATERIAL, BOTTLES, GLASS, CANDY OR GUM WRAPPERS, REMNANTS OF FOOD, CANS OR REMNANTS OR PARTS THEREOF, OR ANY MATERIAL OF AN UNSANITARY NATURE. (2) "DRIVE -IN RESTAURANT" IV ANY RESTAURANT WHERE MEALS, SANDWICHES, COLD DRINKS, BEVERAGES, ICE CREAM OR OTHER FOOD IS SERVED DIRECTLY TO OR IS PERMITTED TO BE CONSUMED BY PATRONS OR CUSTOMERS IN AUTOMOBILES OR ANY OTHER TYPE OF VEHICLE PARKED ON THE PREMISES, OR IN THE PUBLIC STREETS. SECTION 2. PUBLIC PLACE: FOR THE PURPOSE OF THE PUBLIC PEACE, HEALTH, SAFETY, MORALS AND GENERAL WELFARE, THE ENTIRE PREMISES OCCUPIED BY A DRIVE -IN RESTAURANT, INCLUDING PARKING AREA, DRIVEWAY AND VEHICLE ENTRANCES AND EXITS, ARE HEREBY DECLARED TO BE A PUBLIC PLACE, AND THAT IT IS CONTRARY TO THE PUBLIC PEACE, SAFETY, MORALS, HEALTH AND GENERAL WELFARE OF THE COM- MUNITY TO PERMIT LITTER ON SUCH PUBLIC PLACE. SECTION 3. RECEPTACLES: IT IS HEREBY DECLARED TO BE THE DUTY OF THE OWNER OR OPERATOR OF A DRIVE -IN RESTAURANT TO PROVIDE ON THE PREMISES NOT LESS THAN TWO RECEPTACLES FOR THE RECEIPT OF LITTER AVAILABLE TO ITS PATRONS OR CUSTOMERS. IF MORE THAN TWO RECEPTACLES ARE REQUIRED TO HOLD ALL OF THE LITTER FROM THE PREMISES THAT MAY BE PLACED THEREIN, THEN IT SHALL BE THE DUTY OF THE OWNER OR OPERATOR TO FURNISH SUCH ADDITIONAL NUMBER OF RECEPTACLES AS ARE NECESSARY TO CONTAIN SAID LITTER. 8511 SECTION 4. IT SHALL BE UNLAWFUL FOR ANY PATRON OR CUSTOMER OF A DRIVE -IN RESTAURANT TO THROW OR DEPOSIT ANY LITTER ON THE PREMISES OF THE DRIVE -IN RESTAURANT EXCEPT IN THE RECEPTACLES PROVIDED THEREFOR, AND IT SHALL BE UNLAWFUL FOR ANY CUSTOMER OR PATRON TO THROW ANY LITTER UPON THE STREETS OF THE CITY OF CORPUS CHRISTI OR UPON PRIVATE PROPERTY IN THE CITY OF CORPUS CHRISTI. SECTION 5. IT SHALL BE THE DUTY OF THE OWNER OR THE OPERATOR OF THE DRIVE -IN RESTAURANT TO CLEAN THE PREMISES AND TO REMOVE ALL LITTER THERE- FROM AND FROM ANY STREET OR OTHER PREMISES TO WHICH SAID LITTER HAS TRAVELLED, AND PLACE SAME IN RECEPTACLES WITHIN THIRTY (30) MINUTES AFTER DAILY CLOSING TIME OF SUCH DRIVE -IN RESTAURANT. IF THE BUSINESS OPERATES CONTINUOUSLY WITH- OUT CLOSING, THEN THE OWNER OR OPERATOR SHALL CLEAN THE PREMISES AND REMOVE ALL LITTER THEREFROM AND PLACE IT IN RECEPTACLES AT 11:00 A.M. AND 11:00 P.M. OF EACH DAY. IT SHALL FURTHER BE THE DUTY OF SAID OWNER OR OPERATOR TO PRE- VENT ANY LITTER ON THE PREMISES FROM BEING BLOWN UPON OR BEING PERMITTED TO COME TO REST UPON THE STREETS OF THE CITY OF CORPUS CHRISTI OR UPON ANY PRIVATE PROPERTY IN CORPUS CHRISTI. SECTION G. PENALTY: UPON CONVICTION OF ANY PERSON VIOLATING ANY PROVISION OF THIS ORDINANCE, SAID PERSON SHALL BE FINED IN AN AMOUNT OF NOT MORE THAN $200.00. SECTION 7. SEVERABILITY: SHOULD ANY SECTION, PROVISION OR PART OF THIS ORDINANCE BE DECLARED ILLEGAL OR UNCONSTITUTIONAL BY ANY COURT OF COMPETENT JURISDICTION, THE REMAINING PARTS THEREOF SHALL REMAIN IN FULL FORCE AND EFFECT. SECTION H. THE NECESSITY TO IMMEDIATELY ENACT THE PROVISIONS HERE- IN ABOVE SET FORTH TO PROTECT THE HEALTH, SAFETY, MORALS AND GENERAL WELFARE OF THE PUBLIC CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION,ZHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS -2- It ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE ,-j (7t DAY OF 0/1967. ATT c � (1 `� .1 f C Y Sk C ARY I THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO LEGAL FO THIS S —t-fZ. DAY OF JUNE, 1967: CITY ATTORNEY C.k4,s6 CORPUS CHRISTI, \\TEXAS//JJ DAY OF ^_��, TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AMD IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, M OR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLq CKMON e RONNIE SIZEMORE • V. A. "DICK" BRADLEY, JR, J. A. "JACK" GRANT v P. JIMENEZ, JR., M.D. GgBE LOZAND, $R. &f KEN PdCDANI EL THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE Af V. A. "DICK" BRADLEY, JR. J. A. "JACK" GRANT P. JIMENEZ, JR., M. D. GABE LOZAND, SR. KEN i•iCDANI EL PUBLISHER'S AFFIDAVIT STATE OF TEXAS, f tss: County of Nueces. Before me, the undersigned, a Notary Public, this day personally .............................. who being first duly sworn, according to I of the Corpus Christi Caller and The Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of LEGAL—Notioe of Passage of Ordinance No 8511--an ordinance defining Drive anni ng ....... . ............................................................................... . ............. . . . of which the annexed is a true copy, was published in ......... Th ..T:L.mbs .......................................................... on the day of 9A!T .................... . loz .... XWLWWC"M ......................... =&'WWCW ..................... . .... X30MUNMEMM.....................•.................................. ............ Times. r. 10 $ laws -15V &2w, '�- Z'6W&'A 2*6 - --- .................. . ... Subscribed and sworn to before me this........._ day of ........... Tu3.y ................................ 67 ........... 19 .............. Louise Vick otary P'llile, Nueces County, Texas