HomeMy WebLinkAbout15-3622 ordORDINANCE NO. 15-3622
AN ORDINANCE AMENDING CHAPTER 8, OFFENSES AND
NUISANCES, ARTICLE 8.02, NUISANCES GENERALLY, SECTION
8.02.002, ILLUSTRATIVE ENUMERATION, OF THE CITY OF
PLAINVIEW, HALE COUNTY, TEXAS; CUMULATIVENESS CLAUSE;
CONFLICT CLAUSE; SEVERABILITY CLAUSE; AND EFFECTIVE DATE.
WHEREAS, Chapter 8, sets forth the criteria for addressing nuisances within the
corporate limits of the City of Plainview, Hale County, Texas; and
WHEREAS, illegal dumping negatively impacts the public by being detrimental to
the health, safety and welfare of the community, specifically, by reducing the value of
private property, inviting vandalism, creating fire hazards, and becoming attractive public
nuisances; and
WHEREAS, illegal dumping essentially interferes with the comfortable quiet
enjoyment of life and property; and
WHEREAS, Chapter 8, Article 8.02, Nuisances Generally, Section 8.02.002,
Illustrative enumeration, will be amended to clarify that illegal dumping within the
corporate limits of the City creates a nuisance, except at a state -permitted and -approved
landfill or at such other place designated by the City or State; and
WHEREAS, the City Council finds that such clarification is in the public's best
interest to eliminate illegal dumping as a negative impact on the public's health, safety or
general welfare in the City of Plainview, Hale County, Texas.
NOW, THEREFORE, The City of Plainview hereby ordains that:
SECTION I
Chapter 8, Offenses and Nuisances, Article 8.02, Nuisances Generally, Section
8.02.002, Illustrative enumeration, is hereby amended as follows:
(12) The illegal dumping, discarding or unloading of items such as furniture,
appliances, mattresses, carpet or carpet padding, rubbish/brush, tree stumps, trees and
limbs, glass, gravel, paper, plastic, rubber, shingles, wheels or tires, vehicle frames, parts,
or accessories, residue from the burning of wood, coal, coke and other combustible
materials, boxes, brick or broken concrete, debris, junk, any other unsightly or unsanitary
matter of whatever nature or any other material constituting a nuisance at any place within
the City corporate limits, except at a state -permitted or —approved landfill or at such other
place as may be designated by the City or the State.
Ord. 15-3622 Illegal Dumping
Page 1
321
322
SECTION II
The public purpose for this Ordinance is to eliminate the negative impact on the
public of illegal dumping being detrimental to the community's health, safety and welfare,
specifically, by reducing the value of private property, inviting vandalism, creating fire
hazards and becoming attractive public nuisances.
SECTION III
Provisions of this Ordinance are cumulative and nothing herein shall prevent, alter,
or diminish the applicability or enforcement of other ordinances restricting, regulating, or
governing the subject matter herein.
SECTION IV
All ordinances or portions of any ordinance of the City of Plainview, Texas in
conflict herewith, are hereby amended to conform with the provisions hereof.
SECTION V
Severability is intended throughout and within this Article. If any provision,
including any section, paragraph, sentence, clause, phrase or word or the application
thereof to any person or circumstance is held invalid, unconstitutional, or unenforceable
by a court of law or administrative agency with jurisdiction over the matter, such action
shall not be construed to affect any other valid portion of this Ordinance. A constitutional
construction hereof is intended and shall be given. There is no intent herein to violate
either of the Texas Constitution or the Constitution of the United States.
SECTION VI
This ordinance shall be in full force and effect upon its passage and publication as
required by law.
PASSED AND APPROVED on first reading this 28th day of July, 2015.
PASSED AND APPROVED on second reading this 11th day of August, 2015.
ATTE T:
Belinda Hinojosa, City Secr
Wendell Dunlap, Mayor
Ord. 15-3622
Illegal Dumping
Page 2
323
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
13e-Itirq,0147
l � � � _moi• �i
Leslie Spear ch idt, City Attorney
Ord. 15-3622 Illegal Dumping Page 3