HomeMy WebLinkAbout030108 ORD - 02/25/2014Ordinance establishing Chapter 22, Code of Ordinances titled "Litter ";
amending Chapters 10, 14, 19, 21, and 23; providing for repeal of conflicting
ordinances; providing for severance; and providing for publication.
WHEREAS, the City Council has determined that this amendment would best serve the public
health, necessity, convenience, and general welfare of the City of Corpus Christi and its
citizens.
Now, be it ordained by the City Council of the City of Corpus Christi, Texas:
SECTION 1. That Chapter 22, Code of Ordinances, shall read as follows:
Sec. 22 -1. Definitions.
As used in this chapter, the following terms shall mean:
Bulky items means the following large items that have been specifically authorized for
collection of specified days under Section 21 -14: indoor and outdoor furniture, mattresses
and box springs, carpet, swing sets, plastic swimming pools, large toys, bicycles, fish
aquariums, and large household appliances.
Business means any commercial enterprise or establishment, including sole proprietorships,
joint ventures, partnerships, corporations or any other legal entity whether for profit or not for
profit and includes all employees of the business and any independent contractors
associated with the business.
Construction site owner means the person who owns or leases the premises on which a
construction activity that is regulated by this chapter is being conducted.
Contractor means the person has obtained a permit required by this chapter, and includes a
builder, electrician, mechanical contractor, plumber, roofer, or other member of a
construction trade. This definition includes subcontractors of the contractor and the
employees of the contractor and subcontractors.
Department means The Solid Waste Operations Department of the City of Corpus Christi.
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INDEXED
Director means The Director of Solid Waste Operations of the City of Corpus Christi, or a
designated representative of the director.
Dumpster means a container, which holds more than one (1) cubic yard, used to store solid
waste until it is collected for disposal. The term also includes roll -on /roll -off containers that
are used to transport solid waste on vehicle chassis.
Food establishment means any place where food is prepared and intended for individual
portion service, including the site at which individual portions are provided, regardless of
whether consumption is on or off the premise and whether there is a charge for the food. The
term does not include private homes where food is prepared or served for individual family
consumption; a private group preparing and serving food for its own consumption; food
vending machines; and supply vehicles.
Litter means:
(a) decayable waste from a public or private establishment, residence, or restaurant,
including animal and vegetable waste material from a market or storage facility handling or
storing produce or other food products, or the handling, preparation, cooking, or
consumption of food, but not including sewage, body wastes, or industrial by- products; or
(b) nondecayable solid waste, except ashes, that consists of:
(i) combustible waste material, including paper, rags, cartons, wood, excelsior,
furniture, rubber, plastics, yard trimmings, leaves, or similar materials;
(ii) noncombustible waste material, including glass, crockery, tin or aluminum
cans, metal furniture, and similar materials that do not burn at ordinary
incinerator temperatures of 1800 degrees Fahrenheit or less; and
(iii) discarded or worn -out manufactured materials and machinery, including
motor vehicles and parts of motor vehicles, tires, aircraft, farm implements,
building or construction materials, appliances, and scrap metal.
Mil means a unit of length equal to one - thousandth of an inch (0.0254 mm).
Person means an individual, firm, corporation, association, partnership, consortium, joint
venture, commercial entity, the United States government, a state, a municipality,
commission, political subdivision, or any international or interstate body or any other
governmental entity.
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Places of public accommodation means 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.
Plastic checkout bag means a checkout bag that is made of plastic which is provided by a
business to a customer typically at the point of sale for the purpose of transporting goods
after shopping and is less than four (4) mils in thickness.
Refuse means a mixture of garbage, rubbish, and other waste that is normally placed in a
receptacle for collection and disposal, but does not include yard waste, heavy brush, debris,
or construction /demolition materials. The term does include the containers and packaging
materials for construction materials.
Rubbish means non - decayable solid waste, excluding ashes, which consist of combustible
materials, such as paper, rags, cartons, wood, rubber, plastics, and similar materials, and
noncombustible matter, such as glass, crockery, metal cans, and similar materials that do
not burn at ordinary incinerator temperatures.
Solid waste means garbage, rubbish, yard waste, heavy brush, debris, and
construction /demolition materials.
Sec. 22 -2 Littering prohibited in public places.
(a) No person may deposit or permit to be deposited any excrement, offal, urine, litter, or
other kind of solid waste in any public place in the city, 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 rights -of -way, including street and drainage right -of -ways.
(2) Sidewalks, trails, paths, passageways, and walkways generally used
by pedestrians.
(3) Parks.
(4) Municipal piers and boat ramps.
(5) Places of public accommodation situated within the corporate limits of
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the city, such as those utilized for religious worship, educational
purposes, or where people congregate or assemble for business,
pleasure, or amusement purposes.
(c) "Conventional refuse receptacle" and "solid waste" within this section have the
meanings defined in section 21 -1 of this Code.
(d) "Deposit" within this section means to drop, cast, throw, place, release, blow, spill, or
dump.
(e) "Properly placed" within this section means the discarding of litter or other solid
waste so that the litter or solid waste does not protrude above the top of the
conventional refuse receptacle.
Sec. 22 -3. Littering, public beaches.
No person shall litter any public beach.
Sec. 22-4. Littering, construction sites.
(a) A contractor or construction site owner may not allow any litter to accumulate on the
construction site except in a refuse receptacle.
(b) A contractor or construction site owner may not throw or allow any litter to blow upon or
be washed into the streets, drainage ditches, or storm water sewers of the city; onto any
adjacent property; or into any body of water within the city.
(c) It is a defense to prosecution that the contractor or construction site owner picked up any
litter that accidentally blew or was washed into the street, a drainage ditch, storm water
sewer, onto another's property, or a body of water and properly placed the litter into a
receptacle.
Sec. 22 -5. Littering, food establishments.
(a) For the purpose of the public peace, health, safety, morals and general welfare, the
entire premises occupied by a business or commercial establishment, including the
outside seating areas, parking area, driveway, and vehicle entrances and exits, is
declared to be a public place, and that it is contrary to the public peace, safety, morals,
health and general welfare of the community to permit litter on such public place.
(b) The owner or manager of every food establishment shall keep the streets and premises
adjacent to the food establishment free from all scraps and litter accumulating on
account of the business conducted at the food establishment or dropped or left by
customers of the establishment.
(c) The entire yard and premises occupied by a food establishment shall at all times be kept
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in a clean and sanitary condition and free from filth, exposed refuse or garbage and free
from trash and rubbish.
(d) Every operator of a drive -in restaurant or eating place shall keep the premises of such
establishment free of paper and trash of any nature so as to prevent the same from
blowing into the streets of the city or onto any other property.
(e) In addition to the specific requirements of this article, all parts of a food establishment
and all equipment and other things contained therein shall be well washed or scrubbed
as often as may be necessary to maintain cleanliness.
(f) The owner or operator of a business or commercial establishment shall provide on the
premises sufficient refuse receptacles to keep the premises clean, but not Tess than two
(2) receptacles for the receipt of litter available to its patrons or customers. If more than
two (2) receptacles are required to hold all of the litter from the premises, the owner or
operator shall furnish such additional number of receptacles as is necessary to contain
the litter.
(g) It shall be unlawful for any patron or customer of a business or commercial establishment
to throw or deposit any litter on the premises of the business or commercial
establishment except in the receptacles provided.
(h) It is unlawful for any customer or patron of a business or commercial establishment to
throw or allow any litter to blow upon the streets of the city or upon private property in the
city.
(i) It is a defense to prosecution that the patron or customer picked up any litter, which
accidentally blew into the street or on to another property, and properly placed it into a
receptacle.
(j) The owner or the operator of the business or commercial establishment shall clean the
premises and remove all litter therefrom and from any street or other premises to which
said litter has traveled, and place same in receptacles within thirty (30) minutes after
daily closing time of such business or commercial establishment.
(k) If the business or commercial establishment operates continuously without closing, then
the owner or operator shall clean the premises and remove all litter therefrom and from
any street or other premises to which said litter has traveled, and place it in receptacles
at 11:00 a.m. and 11:00 p.m. of each day.
(I) It shall further be the duty of said owner or operator to prevent any litter on the premises
from being blown upon or being permitted to come to rest upon the streets of the city or
upon any private property in the city.
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Sec. 22 -6. Litter and solid waste prohibited on lots.
(a) No person who owns or occupies any lot or parcel of land in the city may permit or allow
litter, solid waste, inoperative or abandoned household appliances, furniture, or any other
unsightly, objectionable, or unsanitary matter to accumulate on the lot or parcel of land,
unless placed for collection by solid waste services or a private solid waste collection
service at a location designated by the director of solid waste services and in accordance
with Chapter 21 of this Code.
(b) "Household appliance" within this section has the meaning defined in Section 21 -1 of
this Code.
Sec. 22 -7. Work or Improvements by Municipality.
(a) If an owner of property fails to comply with a municipal ordinance or requirement
relating to stagnant water, filth, carrion, weeds, rubbish, brush, diseased trees, and
other objectionable, unsightly, unwholesome, or unsanitary matter, or any other
condition under this chapter within seven (7) days of notice of a violation, the City
may:
(1) do the work or make the improvements required; and
(2) pay for the work done or improvements made and charge the expenses to
the owner of the property.
(b) The notice may be given:
(1) personally to the owner in writing;
(2) by certified letter, sent by priority certified mail return receipt requested,
addressed to the owner at the owner's address as recorded in the records of the
appraisal district in which the property is located; or
(3) if personal service cannot be obtained, notice to the property owner may be:
by publication at least once;
ii. by posting the notice on or near the front door of each building on the
property to which the violation relates; or
by posting the notice on a placard attached to a stake driven into the
ground on the property to which the violation relates.
(c) If the City mails a notice to a property owner in accordance with subsection (b)(2) of
this section and the United States Postal Service returns the notice as "refused" or
"unclaimed," the validity of the notice is not affected and the notice is considered
delivered.
(d) In a notice provided under this section, the City may inform the owner by regular
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mail and a posting on the property, or by personally delivering the notice, that if the
owner commits another violation of the same kind or nature that poses a danger to
the public health and safety on or before the first anniversary of the date of the
notice, the City may correct the violation, without further notice, at the owner's
expense and assess the expense against the owner's property. If a violation
covered by a notice under this subsection occurs within the one -year period, and
the City has not been informed in writing by the owner of an ownership change, then
the City, without notice, may take any action permitted by subsections (a)(1) and (2)
and assess expenses as provided by Section 22 -8.
Sec. 22 -8. Assessment of expenses; lien.
(a) The city may assess expenses incurred under section 22 -7 against the real estate
on which the work is done or improvements made.
(b) To obtain a lien against the property, the City shall file a statement of expenses
incurred by the city with the County Clerk of Nueces County. The lien statement must state
the name of the owner, if known, and the legal description of the property. The lien attaches
upon the filing of the lien statement with the county clerk.
(c) The lien obtained by the City is security for the expenditures made and interest
accruing at the rate of ten (10) per cent on the amount due from the date of payment
by the City.
(d) The lien is inferior only to:
(1) Tax liens; and
(2) Liens for street improvements.
(e) The City Attorney may bring a suit for foreclosure in the name of the City to recover
the expenditures and interest due.
(f) The City Attorney may foreclose a lien on property under this section in a proceeding
relating to the property brought under Subchapter E, Chapter 33, of the Tax Code, as
it may be amended.
(g) The statement of expenses or a certified copy of the statement is prima facie proof of
the expenses incurred by the City in doing the work or making the improvements.
(h) The remedy provided by this section is in addition to any fines or civil penalties that
may be assessed.
Sec. 22 -9. Establishment of offenses. Any person who violates any of the provisions of this
article shall be guilty of a misdemeanor. In case the owner or occupant of any lot or premises
under the provisions of this article shall be a corporation, and shall violate any provision of
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this article, the president, vice - president, secretary or treasurer of such corporation, or any
manager, agent or employee of such corporation shall be also severally liable for any
penalty.
Sec. 22 -10. No plastic checkout bags on city property
Beginning twelve months from the date this ordinance takes effect, no person may provide
plastic checkout bags at any City facility, City- sponsored event, or any event held on City
property.
Sec. 22 -11. Pet waste
(a) The owner or any person in control of of an animal is required to remove any feces
deposited by the animal on public or private property.
(b) Feces deposited by an animal on public property or upon the private property of any
person other than the animal's owner must be collected and removed at once by the
animal's owner or any person in control of said animal. Animal feces deposited upon
any other property must be collected and removed daily.
(c) Collection and removal of animal feces must be in a container of a type that, when
closed, is rat -proof and airtight. The container must be kept closed after each
collection and, at least once a week all collected feces must be disposed of in a
manner that does not to permit fly breeding or other unhealthy conditions.
Sec. 22 -12. Covering loads
Loads being transported inside city limits must be secured as required by Chapter
725, Texas Transportation Code, as amended.
Sec. 22-13. Rules.
The Director may adopt rules necessary for the administration of this article. The
Director is authorized to take actions necessary to administer this article, to develop all
rules and procedures necessary to administer all provisions of this article; and to
develop maintenance programs consistent with this article.
Sec. 22 -14. Penalties for violation of this chapter.
(a)
Any person that intentionally, knowingly, recklessly, or with criminal
negligence violates any provision of this chapter shall, upon conviction, be guilty of a
Class C misdemeanor, punishable, as provided in Section 1 -6 of the Code of
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Ordinances, by a fine of not more than one thousand dollars ($1,000.00) per violation
per day.
(b) In the event of a second conviction for a violation under any provision of this chapter,
a person shall be punished, as provided in Section 1 -6 of the Code of Ordinances,
by a fine of not less than one thousand dollars ($1,000.00) and no more than two
thousand dollars ($2,000.00) per violation per day.
(c) In the event of a third conviction for a violation under any provision of this chapter, a
person shall be punished, as provided in Section 1 -6 of the Code of Ordinances, by a
fine of two thousand dollars ($2,000.00) per violation per day. Any subsequent
conviction shall also carry a fine of two thousand dollars ($2,000.00) per violation per
day.
(d) Any city official or other city employee with code or law enforcement authority may
issue a citation for any violation of this ordinance.
(e) Penalties are as provided in Section 1 -6 of the Code of Ordinances.
SECTION 2. Amending Chapter 10
Article VI, "MANAGEMENT OF THE PUBLIC BEACH," under Chapter 10 of the
Corpus Christi Code of Ordinances, is amended by deleting Section 10 -57 and by
renumbering accordingly.
SECTION 3. Amending Chapter 14
Article IX, "CONTROL OF SOLID WASTE AT CONSTRUCTION SITES," under
Chapter 14 of the Corpus Christi Code of Ordinances, is amended by deleting
Section 14 -904, and by renumbering accordingly.
SECTION 4. Amending Chapter 19
Article I, "SANITATION REGULATIONS FOR ALL FOOD ESTABLISHMENTS"
under Chapter 19 of the Corpus Christi Code of Ordinances, is amended by deleting
Sections 19 -8 and 19 -12, and by renumbering accordingly.
SECTION 5. Amending Chapter 21
Article V, "BUSINESS OR COMMERCIAL ESTABLISHMENTS" under Chapter 21 of
the Corpus Christi Code of Ordinances, is amended by deleting Sections 21 -50 to
21 -53, and by renumbering accordingly.
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SECTION 6. Amending Chapter 23
Article III, "UNHEALTHFUL OR DANGEROUS CONDITIONS," under Chapter 23 of
the Corpus Christi Code of Ordinances, is amended by deleting Section 23 -63,
Section 23 -69, and Section 23 -72, and by renumbering accordingly.
SECTION 7. All parts of this Ordinance take effect ninety days after its passage, except Section
22 -10, which goes takes effect one year after its passage.
SECTION 8. Any ordinance or part of any ordinance in conflict with this ordinance is expressly
repealed to the extent that it is in conflict by this ordinance.
SECTION 9. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision
of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent
jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or
provision of this ordinance, for it is the definite intent of this City Council that every section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and
effect for its purpose.
SECTION 10. Publication shall be made in the official publication of the City of Corpus Christi as
required by the City Charter of the City of Corpus Christi.
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That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
b-Pu�
at
aba
2014, by the following vote:
Chad Magill
4- Colleen McIntyre
Lillian Riojas
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the , day of , , 2014 by the following vote:
Nelda Martinez Chad Magill //11,,
Kelley Allen + ' 0
Colleen McIntyre _4.J
Rudy Garza 1 d • Lillian Riojas
Priscilla Leal L i%L Mark Scott
David Loeb
PASSED AND APPROVED, this the c=25 h day ofa12014.
EST
Rebecca Huerta
City Secretary
vE DATE
11
Nelda Martinez
Mayor
J
,
__ _ PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad# 321100
PO #
Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who
being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND
EMPLOYEE OF THE PUBLISHER, namely,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, Kleberg, Live Oak,Nueces, Refugio, and San Patricio, Counties, and that the
publication of NOTICE OF PASSAGE OF ORDINANCE(S)NO which the annexed is a true copy,
was inserted in the Corpus Christi Caller-Times on:
CC-Corpus Christi Caller-Times 03/03/14 Mon
LEGAL SALES REPRESENTATIVE
On this y day of OM20 I q I certify that the attached document is a true and exact
copy made by publisher.
II. /
Notary Public, State of Texas
'1, MICHELLE JOYCE CABRERA
�1�" My Commission Expiras
March 19, 2016
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U!1F,.' .fman
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4E I March 3,2014 I CALLER-TIMES
Legals
NOTICE OF PASSAGE OF
ORDINANCE(S)
NO.030108,Ordinance estab-
lishes Chapter 22, Code of
Ordinances titled "Litter";
amending Chapters 10,
14,19, 21 and 23; providing
for repeal of conflicting
ordinances; providing for
severance;and providing for
publication. This ordinance
was passed and approved
on second reading by the
City Council on February 25,
2014.
/s/Rebecca Huerta
City Secretary