1993-147E:\WPDOCS\ORD\HEALTHOF.ORD
ORDINANCE NO. 93-1!Z2
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF
CHAPTER 14, ARTICLE II, ("HEALTH OFFICER"), OF THE CODE OF ORDI-
NANCES OF THE CITY OF DENTON TO PROVIDE FOR A DESIGNATION OF A CITY
HEALTH OFFICER; TO PROVIDE DEFINITIONS FOR UNSANITARY, UNHEALTHFUL,
AND UNSAFE CONDITIONS; TO PROVIDE THE HEALTH OFFICER WITH AUTHORITY
TO MAKE INSPECTIONS FOR UNSANITARY, UNHEALTHFUL, AND UNSAFE CON-
DITIONS AND ABATE SAID CONDITIONS AFTER NOTICE; TO PROVIDE FOR AN
OFFENSE FOR ANY PERSON TO MAINTAIN SAID CONDITION AFTER NOTICE TO
ABATE; TO PROVIDE FOR A SEVERABILITY CLAUSE; TO PROVIDE FOR A
REPEAL OF ANY ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATION OF THE PROVISIONS
HEREOF; AND TO PROVIDE FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Section 14-26 of the Code of Ordinances, of
the City of Denton, Texas, is hereby amended to read as follows:
Sec. 14-26. Designation of City Health Officer.
The duties provided in this Chapter shall be performed
by the City Health Officer. The City Health Officer is the
Environmental Health Services Manager.
SECTION II. That the Code of Ordinances, of the City of
Denton, Texas, is hereby amended by adding sections to be numbered
14-27 and 14-28, which said sections read as follows:
Sec. 14-27. Authority to Make Inspections and Abate
Nuisances After Notice.
(a) The City Health officer may inspect all places and
premises in the City at reasonable times with the permis-
sion of the owner or occupant or may, upon issuance of an
appropriate warrant, enter in and upon any premises within
the City.
(b) Upon finding any unsanitary, unhealthful, or un-
safe condition, or any condition constituting a nuisance,
the City Health Officer shall give the owner or occupant of
such place or premises written notice to abate such con-
dition within five (5) days. The following terms, when
used in this Chapter, shall have the meanings ascribed to
them in this section, except where the context clearly
indicates a different meaning:
1. Unhealthful means a condition which is un-
clean, contaminated, or unwholesome;
2. Unsafe means a condition which is capable of
causing harm or injury; and
3. Unsanitary means a condition containing or
promoting disease-causing organisms and other
harmful substances.
(c) Unsanitary, unhealthful, or unsafe conditions
shall include, but not be limited to the following:
1. An accumulation of organic bodily waste which
places the health of any person or animal at risk;
2. An animal shelter not in compliance with TEX.
HEALTH & SAFETY CODE ANN. Sec. 823.003;
3. Any uninterred dead animal upon a premises;
4. Any unpreserved animal part or parts displayed
on a premises, except in retail or wholesale
establishments offering meat, fish, or poultry for
sale such as grocery stores, butcher shops, or
fish markets;
5. A steel trap set up on a premises designed to
be capable of causing injury to any person or
animal;
6. Any condition which is defined as a nuisance,
pursuant to TEX. HEALTH & SAFETY CODE ANN. Sec.
341.011 et seq.
Sec. 14-28. Enforcement.
(a) The City Health Officer may abate or cause the
abatement by any reasonable means any unsanitary, unhealth-
ful, or unsafe condition if not abated by the owner or oc-
cupant within five (5) days.
(b) It shall be unlawful for any person to refuse to
allow any authorized inspection of a premises.
(c) It shall be unlawful for any person to keep, allow
or maintain any unsanitary, unhealthful, or unsafe condi-
tion on a premises owned by him or under his care or oc-
cupancy after receiving a notice from the City Health
officer to abate such condition.
SECTION III. If any section, subsection, paragraph, sentence,
clause, phrase, or word in this ordinance, or application thereof
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to any person or circumstance is held invalid by any court of com-
petent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance, and the City Council of
the City of Denton, Texas, hereby declares it would have enacted
such remaining portions despite any such invalidity.
SECTION IV. That all ordinances or part of ordinances in force
when the provisions of this ordinance become effective which are
inconsistent or in conflict with the terms or provisions contained
in this ordinance are hereby repealed to the extent of any such
conflict.
SECTION V. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION VI. That this ordinance shall become effective four-
teen (14) days from the date of its passage, and the City Secretary
is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official news-
paper of the City of Denton, Texas, within ten (10) days of the
date of its passage. ~y'v/_
PASSED AND APPROVED this the LZ` day of , 1993.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
_
BY:
APP VED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY
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