2005-150
. So\Om Documents\Ord;nances\O5\StagnantWatcr.doc
ORDINANCE NO. d()OI)~/51J
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS
OF CHAPTER 20 BY CREATING ARTICLE IV ENTITLED "ENVIRONMENTAL
NUISANCES"; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A
REPEALER CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A
PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE; AND
PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. Article IV titled "Environmental Nuisances" of Chapter 20 of the Code of
Ordinances of the City of Denton. is hereby created and it shall read as follows:
ARTICLE IV. ENVIRONMENTAL NUISANCES
Sec. 20-151. Stagnant water.
(a) It shall be unlawful and considered a public nuisance for any person owning, leasing or
occupying real property, within the limits of the City of Denton, to permit or allow the
accumulation or ponding of standing, stagnant or non-maintained water thereon or permit
the same to remain, which may harbor or be a breeding ground for mosquitoes, flies, or
other pests or which may cause a foul odor or adversely impact the public health and
safety by any means. Accumulations or ponding of water shall not exceed a 48 hour
period under normal rain conditions as described by the U.S. Department of Commerce,
National Oceanic and Atmospheric Administration National Weather Service (NOAA).
(b) A finding by a code enforcement officer or heath inspector of the City of Denton shall
constitute prima-facie evidence that standing, stagnant, or non-maintained water is
conducive to the breeding or harboring of mosquitoes or other insects. Potential tools to
make this finding may include measures of water turbidity, the presence of excessive
organic matter in the water, the presence of foul odors, visually apparent algal growth, or
the presence of mosquitoes, flies, or other pests. The presence of mosquito larva is not
required for standing, stagnant, or non-maintained water to be classified as a public
nuisance.
(c) It shall be unlawful for any person, owner, agent, occupant or anyone having supervision
or control of any real property within the city to maintain a public nuisance as determined
under this section. .
(d) It shall be the duty of said persons to abate nuisances described in this article by:
(1)
Draining, filling or re-grading any lots, ground, or yards which have standing
or stagnant water thereon; or
(2)
Treating the area with material, either natural or man-made that will eliminate
any offensive odor and render the area harmless to the public health and
eliminate the potential breeding ground for mosquitoes, flies, or other pests.
. SolOur DocumentsIOrd;nancesIO5IStagnantWater.doc
(e) It shall be the duty of said persons to maintain items that are capable of collecting water
including but not limited to birdbaths, fountains, reflecting pools or ponds, private or
semi-private swimming pools or other items so that they cannot harbor or be a breeding
ground for mosquitoes, flies, or other pests or which may adversely impact the public
health and safety or create an odor nuisance.
Sec. 20-152. Abatement and notice procedures.
The abatement and notice procedures provided for in Sections 20-131 through 20-134 shall apply
to violations of this section and this article.
Sec. 20-153. Proofrequirements.
Neither allegation nor evidence of a culpable mental state is required for the proof of an offense
defined by this article.
SECTION 2. If any section, subsection, paragraph, sentence, clause, phrase, or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not effect 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 invalidity.
SECTION 3. Save and except as amended hereby, all the provisions, sections,
subsections paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain
in full force and effect.
SECTION 4. Any person found guilty of violating this ordinance by a court of
competent jurisdiction shall be fined a sum not to exceed five hundred dollars ($500) per day.
Each day that a provision of this ordinance is violated shall constitute a separate offense.
SECTION 5. This ordinance providing for a penalty 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
ofthe City of Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the cAt/ii day of
</l[!Uf ,2005.
ë ~ ~ci
EULINE BROCK, MAYOR
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.' . SolOur DocumentsIOrdinances\O5IStagnantWatcr.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY~"'+ I JcJ:h~
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
BY:
J!r; ~ fYl. 7
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