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Home My WebLink About1986-1649 - Ordinance - 04/24/1986ORDINANCE NO. 1649 AN ORDINANCE AMENDING CHAPTER 7 OF THE CODE OF OPJ)INANCES OF THE CITY OF COLLEGE STATION BY THE REPEAL OF THE CURRENT SECTION 5, BY MOVING THE CURRENT SECTION 4 TO BECOME A NEW SECTION 5, AND BY THE ADDITION OF A NEW SECTION 4 RELATING TO LITTER CONTROL. HE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STA- TION, TEXAS: That Chapter 7 of the Code of Ordinances of the City of College Station is hereby amended by the repeal of Section 5: Sale of Adulterated and Misbranded Milk and Milk Products Prohibited. II. That Chapter 7 of the Code of Ordinances of the City of College Station is hereby amended by moving the current Section 4: Poten- tially Hazardous Food to become a new Section 5: Potentially Haz- ardous Food. III. That Chapter 7 of the Code of Ordinances of the City of College Station is hereby amended by the addition of a new Section 4 which shall read as follows: SECTION 4: LITTER CONTROL ON PUBLIC PROPERTY A. Definitions "Authorized Receptacle" is a litter storage and collec- tion receptacle as required and authorized in the City of College Station. (2) "City" is the City of College Station. (3) "City Road" or "Right-of-Way" means the entire width be- tween the property road lines of a road, street, right- of-way, thoroughfare, bridge or park located in the City, if any part thereof is open to the public for ve- hicular traffic. This ordinance regulates all roads, streets, rights-of-way, thoroughfares, bridges and parks maintained by the City whether dedicated, purchased or acquired by prescription. Ord. 1649 (4) (5) (6) (7) (8) (9) (lO) (11) (12) (13) (14) "Construction Materials" means all waste, refuse, con- crete, rock/brick or materials resulting from construc- tion or demolition projects. "Earth Materials" means substances such as dirt, sand, gravel, mud, clay, wood chips capable of blowing or spilling thereby creating unsightliness and/or creating a hazard for the general public. "Garbage" means all decayable waste from public and pri- vate establishments and restaurants, including vege- table, animal and fish offal, and animal and fish car- casses. The term does not include sewage, body wastes or industrial by-products. "Junk" means all worn out, worthless and discarded material, including odds and ends, iron or other metal, glass and cordage. "Litter" is garbage, refuse and rubbish as defined here- in and all other waste material, which if thrown or de- posited as herein prohibited, tends to create a danger to public health, safety and welfare. "Park" is a park, playground, recreation area, nature area or other public area in the City, or used by the City and devoted to active or passive recreation. "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. "Public Place" is any and all streets, sidewalks, boule- vards, alleys or other public ways and any and all pub- lic parks, squares, spaces, grounds, and buildings. "Refuse" means any garbage, rubbish, paper or other de- cayable and nondecayable waste, including vegetable mat- ter and animal and fish carcasses. The term does not include sewage from a public or private establishment or residence. "Rubbish" means all non-decayable waste, except ashes, from a public or private establishment or residence. "Sanitary Landfill" is a controlled area of land upon which solid waste materials are disposed of in accord- ance with the standards, rules, regulations, and orders established by the Texas Department of Health. Ord. 1649 No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the city except in public receptacles or in other authorized receptacles for collection or in the official city sanitary landill. Persons placing litter in public receptacles or in other authorized receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon pri- vate property. No person shall sweep into or deposit in any gutter, on any curb, street or other public place within the city, the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. No person shall, without permission of the City of College Station, store, dump or dispose of any litter, construction or earth materials, or other solid waste on any city road, street, right-of-way, thoroughfare, bridge, park or other public place. A person commits an offense if that person, without prior permission of the City of College Station, stores, dumps or disposes of junk, garbage, rubbish, refuse or other solid waste on a City road, street, right-of-way, thoroughfare, bridge or park. A person who violates any of the provisions of this section is subject to a fine of not less than Twenty Dollars ($20) and no more than One Thousand Dollars ($1,000), as provided for in Article 4.14 of the Texas Code of Criminal Procedure. IV. If any part of this ordinance is in conflict with any of the laws of the United States or the State of Texas, or the Federal Con- stitution or State Constitution, then it shall be severable here- from. This ordinance is to be read in conjunction with Article 4477-9A of Texas Revised Civil Statutes and it is not intended to impose upon the jurisdiction of the State of Texas, but is in- tended, instead, to protect the public areas of the City of College Station. -3- 004 7 Ord. 1649 Vo This section shall be and become effective from and after its passage in accordance with the City Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 24th day of April 19 86 ATTEST , APPROVED: