HomeMy WebLinkAbout2008-3152 - Ordinance - 12/16/2008ORDINANCE NO. 3152
AN ORDINANCE AMENDING CHAPTER 7, "HEALTH & SANITATION," OF THE CODE
OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING THE
SPECIFIED SECTION AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE;
DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 7, "Health & Sanitation," of the Code of Ordinances of the City of
College Station, be amended to add Section 11, "HOST RESPONSIBILITIES OF
PARTIES IN RESIDENTIAL AREAS," as set out in Exhibit "A ", attached hereto
and made a part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way affect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and
effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punishable by a fine of not less than Twenty Five Dollars ($25.00) nor
more than Five Hundred Dollars ($500.00). Each day such violation shall
continue or be permitted to continue, shall be deemed a separate offense. Said
Ordinance, being a penal ordinance, becomes effective ten (10) days after its date
of passage by the City Council, as provided by Section 35 of the Charter of the
City of College Station.
PASSED, ADOPTED and APPROVED this 16th day of December, 2008.
ATTEST
onnte Hooks, Cily Secretary
APPROVED:
APPROVED:
Ben White, Mayor
0 t I d _ A _ M
City Attorney
ORDINANCE NO. 3152
EXHIBIT "A"
Page 2
That Chapter 7, "Health & Sanitation," of the Code of Ordinances of the Code of the City of
College Station, Texas, is hereby amended by adding Section 11, "HOST RESPONSIBILITIES
OF PARTIES IN RESIDENTIAL AREAS ", as set out hereafter to read as follows:
"SECTION 1 l : HOST RESPONSIBILITIES OF PARTIES IN RESIDENTIAL AREAS"
A. DEFINITIONS
For purposes of this section the following definition of terms shall be used:
(1) Host means the owner of a Residence as listed with the Brazos County Appraisal
District and /or those persons listed on the lease for a Residence.
(2) Party means a planned or unplanned gathering of two or more people at a
es ence.
(3) Residence shall mean a dwelling unit in an apartment, townhouse, duplex or other
multi - family residential structure, or a single- family residence in a Residential
Area. Residence includes the entire premises of a residence, including the
residence building, garage, carport, driveway and yard, and adjacent common
areas, parking areas, sidewalks and streets.
(4) Residential Area means an area that is within a residential zoning district.
(5) Unreasonable Level of Noise means any sound that because of its volume, level,
duration or character annoys, disturbs, injures or endangers the comfort health,
peace or safety of reasonable persons of ordinary sensibilities within the limits of
the City.
B. RESPONSIBILITIES OF HOSTS
(1) It shall be a violation of this section for a Host to allow or permit the following at a
Party:
a. violations of the parking regulations as set forth in Chapter 10 of the City of
College Station's Code of Ordinances;
b. an Unreasonable Level of Noise, or
c. litter that is not properly disposed of by 10 a.m. of the day following the day
the Party started.
(2) It is not a defense to prosecution that a security officer or officers who were hired for
a Party failed to properly fulfill the Host's duties under this section.
ORDINANCE NO. 3152
Page 3
(3) It is prima facie evidence that the Host violated this section if a police or code
enforcement officer issues a written warning or citation to persons attending the
Host's Party for violation of any of Part B (l) a through c of this section.
C. ENFORCEMENTS OF OTHER LAWS
Nothing in this section affects a peace officer's authority to enforce other laws such as
disorderly conduct, littering, parking and alcohol - related offenses against persons who
violate those laws.