HomeMy WebLinkAboutPO 5956: LITTER ORDINANCE AMENDMENT1
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Memo
To: Steve Fitzgibbons, City Manager
From: Lawrence Baker, Director of Code. Enforcement ~~~
Date: November 13, 2008
Re: P.O. 5956 Adopting amendments to Litter Ordinance
RECOMMENDATION: Staff is recommending we adopt the
amendments to our current litter ordinance regarding
downed trees on vacant and developed properties in the
city.
BACKGROUND: Adoption of these amendments will assist
staff in addressing the numerous trees that have fallen
as a result of the Hurricanes. Initially there was no
specific language in our litter ordinance that addressed
trees on the ground.
This additional language will provide staff with the
legal justification to abate these nuisances and to file
charges on owners of these properties who are in
violation.
BUDGET AND REVENUE IMPACT: Adoption of this ordinance
will have no impact on current funds.
STAFF LEVEL IMPACT: None.
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` FOR * REQUESTED BY:
* COMMUNITY SERVICES
* LAWRENCE BAKER, DIRECTOR
ADMINISTRATNE * PURPOSE EXPRESSED BYREQUESTER:
* AMEND LITTER ORDINANCES SECTION 34-48 AND
* SECTION 34-49 TO REQUIRE PROPERTY
* OWNERS TO REMOVE DOWNED OR FELLED TREES FROM
* VACANT OR OCCUPIED PROPERTIES LOCATED IN THE
* CITY OF PORT ARTHUR `
USE ONLY
P. O. No. 5956
11/10/08 LB
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ARTHUR, TEXAS, AMENDING
SECTION 348 AND SECTION 34-49 OF THE CODE OF ORDINANCES BY
ADDING LANGUAGE THAT WOULD REQUIRE PROPERTY OWNERS TO
REMOVE DOWNED TREES FROM THEIR. PROPERTY, PROVIDING A
PENALTY NOT TO EXCEED $2000, PROVIDING FORPUBLICATIONAND
AN EFFECTIVE DATE. ,
WHEREAS, in order to protect the safety, health and welfare of the citizens in the City of Port Arthur, Ciry
Council deems it necessary to amend the ordinance for owners to maintain premises free of litter, including treeslaying on
the ground.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYOF PORT
ARTHUR, TEXAS:
Secdon 1. The facts and opinions in the preamble are tme and correct.
Section 2. That Section 34-48 (Owner to maintain premises free of litter) and Section 34-49 (Litter on vacant
lots) hereby amended to read as delineated in Exhibit "A".
Section 3. That this Ordinance shall be punishable by a fine not to exceed $2000.
ecti n 4. That the caption of this ordinance and its penalty shall be published in the City's official
newspaper at least (1) time within (10) days afrer passage thereof.
Section 5. That this Ordinance shall take effect immediately afrer the date of pubhcation.
Section 6. That a copy of the caption of this Ordinance shall be spread upon the Minutes of the Council.
P. O. No. 5956
11/10/OS LB
READ, ADOPTED, AND APPROVED this the
day of November, A.D., 2008, at a
Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: MAYOR:
Councilmember's:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
APPROVED AS TO FORM:
CITY ATTORNEY
D~~OR OF COM`IUN SERVICES
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EXHIBIT A
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Section 34-48. Owner to maintain premises free of litter. The owner or person in control of any private
property shall at all times maintain the premises Free of litter including downed or felled trees; provided, however,
that this section shall not prohibit the storage of litter in a city dumpster or a city toter. All items being stored on
any property shall be elevated a minimum of 24" above the ground and the area around and under this area shall
be maintained free of high grass or debris conducive to the growth of other vermin or insects or the items shall
be maintained in a closed structure. A person who violates this Section can be fined up to $2000, per incident.
Section 34-49: Litter on vacant lots. No person shall throw or deposit litter on any open or vacant private
property within the city whether owned by such person or not. Any downed or felled trees on vacant orprivate
properties shall be removed by the owners. A person who violates this Section can be fined up to $2000, per
incident. .
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