Loading...
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