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1985-2591042L NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES TO PROVIDE FOR THE PREVENTION AND ABATEMENT OF LITTER UPON PUBLIC STREETS, PROVIDING FOR A MAXIMUM PENALTY OF TWO HUNDRED DOLLARS FOR VIOLATIONS THEREOF, PROVIDING FOR A SEVER- ABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Article I of Chapter 21 of the Code of Ordinances of the City of Denton, Texas is hereby amended by adding a new Section 21-14 which shall read as follows Sec 21-14 Litter on Public Streets (a) Scope The provisions of this section shall apply to all persons, contractors, or subcontractors perform- ing any hauling, excavation, alteration, demolition, construction or reconstruction, or work related or incidental thereto, on any site within the City of Denton and to any person, contractor or subcontractor making use of any public street, alley or way owned or maintained by the City of Denton as a result of such activity (b) Litter on Public Streets No person shall deposit, track, or scatter any dirt, stone, gravel, brick, cement, concrete, sand, mud, wood, trash, garbage, rubbish or other similar material or debris upon any public street, alley or other public way (c) Vehicles Leavin Construction Sites No person, contractor or su contractor, per orm ng all or part of the work described in paragraph (a) of this section, shall allow any vehicle to leave such job site and enter or travel upon a public street, alley or way, unless such vehicle is properly covered and all equipment of said vehicle, including the tires thereof, are properly cleaned so as to prevent a violation of paragraph (b) of this section (d) Abatement of Street Littering (1) Should any person, contractor or subcontractor, performing all or part of the work described in paragraph (a) of this section, violate the provi- sions of paragraphs (b) or (c) of this section, the City, through any of its designees, may issue an order, in writing, to any person, contractor, or subcontractor on the job site where such violations originate, to cease specified activity on such site relating to the violation of this section, including, but not limited to, hauling, excavation, construction, demolition, or recon- struction at the job site, or removal of any material from the job site PAGE 1 (2) No person, contractor or subcontractor issued an order as specified herein, shall continue, cause, or allow the activity covered by the order to con- tinue after the issuance of the order, until written permission to resume the activity covered by the order has been given No written permission to resume the activity covered by the order shall be given until the City, in its sole discretion, is satisfied that all steps necessary to prevent future violations of this section have been taken (e) Removal of Litter, Costs Assessed (1) Should any person, contractor, or subcontractor violate paragraph (b) of this section, the person, contractor or subcontractor responsibile for such violation shall remove such litter from the public street, alley or other public way within two (2) hours of notification by the City of the violation (2) If any person, contractor or subcontractor respon- sible for such violation shall fail to timely abate the violation after notification to do so, the City may remove or arrange to have removed the litter and the costs of such removal, along with an administrative fee in the amount of Fifty Dollars ($50 00), shall be charged to the person, contractor or subcontractor responsible for the violation (3) If the person, contractor, or subcontractor responsible for such violation shall fail to pay such costs within twenty-four (24) hours of written notice of the costs incurred, the City may issue an order, in accordance with paragraph (c) of this section, requiring the person, contractor or subcontractor to cease work at such job site until all costs are paid (f) Appeal of Order Assessment Any person who is aggrieved by an or er or assessment made pursuant to this section, may appeal, in writing, such order or assessment, within ten (10) days of the notification of the same, to the City Manager or his designee The City Manager, or his designee, within ten (10) days of the filing of the appeal, shall hold a hearing to consider the validity of the action appealed from and render a decision thereon SECTION II That any person violating any of the provisions of this ordinance shall, upon conviction, be fined a sum not exceeding Two Hundred Dollars ($200 00), and each day and every day that the provisions of this ordinance are violated shall constitute a separate and distinct offense This penalty is in addition to and cumulative of, any other remedies as may be available at law and equity SECTION III That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any PAGE 2 person or circumstance is held invalid by any court of competent ,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 I That this ordinance shall become effective fourteen (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 newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the 12 day of 1985 CI OF D TON, TEXAS ATTEST CHARLOTTE'ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY ~ `rn f n/wl PAGE 3