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
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(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
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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
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