HomeMy WebLinkAbout025705 ORD - 04/13/2004 AN ORDINANCE
AMENDING SECTION 23-63 OF THE CODE OF ORDINANCES RE-
LATING TO DEPOSITING GARBAGE IN A PUBLIC PLACE; PRO-
VIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Section 23-63 of the City Code of Ordinances is revised to read as
follows:
"Sec. 23-63. m....~ .... .~ .... ~*; .......... * ........ kk;~k ..~.k .... *.. ;.. ~
t~' Litterinfl prohibited in public places.
depesited No person may deposit or permit to be deposited any excrement, offal, urine,
pcper, "~-"'v,,......~.~, '~ ...... ,.~....~..,~-~-~*~. ~,~=..,.-'~-~-*.-~ er litter, or c.".y other kind of solid waste ~
s .-+ ....... *---* ....... ' ' '"' ' . .......... · City,
ub ................... m any pubhc place ..:th:.", thc cc;;c;ctc ""*;'~ cf inthe ";*" '
unless properly placed in a conventional refuse receptacle or for collection by solid
waste services or a private solid waste collection service at a location designated by the
director of solid waste services.
"(b) For the purposes of this section, the following are declared to be public places:
(1) All right-of-ways, including street and drainage right-of-ways.
(2~ Sidewalks, trails, paths, passageways, and wa kways generally used by
pedestrians.
(3) Parks.
(4) Municipal piers and boat ramps.
(5) Places of public accommodation situated within the corporate limits of the
City, such as those utilized for religious worship, educational purposes, or
where people con,qre,qate or assemble for business, pleasure, or amuse-
ment purposes.
"(c) "Conventional refuse receptacle" and "solid waste" within this section have the
meanings defined in Sec. 21-1 of this Code.
"(d) "Deposit" within this section means to drop, cast, throw, place, release, blow, spill,
or dump.
"(e) "Litter" within this section includes, without limitation, paper; napkins; straws; cups
or containers made of paper, plastic, Styrofoam, or other similar material; bott es; glass;
candy or gum wrappers; cans; cigarette or cigar butts; and any other type of household
waste, including debris, garbage, refuse, and rubbish as defined in Sec. 21-1 of this
Code.
"(f) "Places of public accommodation" within this section includes any physical structure
and the entire premises, lot, or parcel of land on which the structure is situated,
including the outside seating areas, parking areas, driveways, and vehicle entrances
and exits.
"(.q) "Properly placed" within this section means the d scardin.q of litter or other solid
waste so that the litter or solid waste does not protrude above the top of the conven-
tional refuse receptacle.
"(h) Violations of this ordinance are treated as strict liability offenses. There is no need
to prove that the person had an intent to violate the ordinance.
"(i) Upon conviction of a violation under this section, the person must be fined an
amount not less than one hundred dollars ($100.00) and not more than two thousand
dollars ($2,000.00) per violation; provided, however, in the event a person has once
previously been convicted under Sec. 23-63 of this article, the person must be fined an
amount not less than two hundred dollars ($200.00), and must be fined not less than
three hundred dollars ($300.00) for a third conviction and for each conviction thereafter."
SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase,
word, or provision of this ordinance is held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, it will not affect any other section, paragraph,
subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite
intent of the City Council that every section, paragraph, subdivision, phrase, word, and
provision of this Ordinance be given full force and effect for its purpose.
SECTION 3. Publication of this ordinance is to be made in the official publication of the
City of Corpus Christi as required by the City Charter of the City of Corpus Christi,
Texas.
H:\LEG-DIR\elizabeth\Dept Files\EH Ordinances\EHordl42 doc
Corpus Christi, Texas
The foregoing ordinance was read for the first time and passed to its second reading on
this the "~Ot'- day of ¢f~(, ¢-c ~,. ,2004, by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
('~/ Bill Kelly
L"~., ¢__ Rex A. Kinnison
C":L~ J~ Jesse Noyola
~/: Mark Scott
The f(~regoing ordinance was read for the second time and passed finally on this
the F~f~ day of ~1-~' I ,2004, by the following vote:
~ Bill Kelly ~~
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Rex A. Kinnison
Jesse Noyola
Mark Scott
PASSED AND APPROVED on the
ATTEST:
Armando Chapa
City Secretary
~T'-- dayof ?~£, i ,2004.
'1
CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor
APPROVED AS TO LEGAL FORM: (~-~'~ /'~, 2004
Eliza~th R. Hunc~l~y / ~
Assistant City Attorney f' J
for the City Attorney -
State m ~exas
County of Nueces
PUBLISHER'S AFFIDAVIT
SS:
CITY OF CORPUS CHRISTI
Ad # 4868060
PO #
Before me, the undersigned, a Notary Public, this day personally came Diana
Hinoiosa, who being first duly sworn, according to law, says that she is Credit
Manager of the Corpus Christi Caller-Times, a daily newspaper published at
Corpus Christi in said City and State, generally circulated in Aransas, Bee,
Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak,
Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the
publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed
is a true copy, was inserted in the Corpus Christi Caller-Times and on the World
Wide Web on the Calle~Times Interactive on the 19TH day(s) of APRIL, 2004.
$53.50
TWO (2) Time(s)
Credit Manager
Subscribed and sworn to me on the date of
APRIL 20, 2004.
Notary Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Type Name of Notary Public
My commission expires on 04/23/05.
Corpus Chdstl Caller-Times, Monday, April 19, L:~O4/D~.
025705
On:Nna'~cea
second reading