Ord 35-2015 8/4/2015 Ordinance No. 35-2015
Ordinance amending the Wichita Falls Code of Ordinances by
amending Section 94-9, Depositing Trash, Glass, Debris or Waste
Materials, to prohibit the illegal dumping of refuse (and defining that
term for purposes of this section); further, amending Section 1-14,
General Penalty; Continuing Violations, to provide a penalty not to
exceed $4,000 upon conviction for the illegal dumping of refuse at
other than approved solid waste receptacle sites; providing for
codification; and providing when such ordinance shall become
effective
WHEREAS, illegal dumping of refuse is an increasingly prevalent crime in many
parts of the City; and,
WHEREAS, such dumping results in hardships, such as costs for removal, for the
property owners on whose property the illegal dumping takes place; and,
WHEREAS, the City finds that the illegal dumping of refuse is dangerous and
unsanitary, and the piles formed by the refuse are unsightly and attract pests and
rodents such as mosquitos, rats, and snakes; and,
WHEREAS, the State Legislature passed House Bill 274 which authorizes
municipalities to fine violators of illegal dumping of refuse up to $4,000, and the City has
a legitimate governmental interest in increasing its fine for illegal dumping of refuse to
$4,000.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
Section 1. The Wichita Falls Code of Ordinances is hereby amended at Section
94-9, as follows:
"Sec. 94-9. - Illegal Dumping of Refuse.
No person shall deposit, place or dump or cause to be deposited, placed or
dumped any refuse at a place that is not an approved solid waste receptacle, including
on a public street, alley, right-of-way, other public or private property, or into an inland
water of the State within the corporate city limits. For this section, "refuse" includes
nonputrescible solid waste (excluding ashes), consisting of both combustible and
noncombustible waste materials. Combustible refuse includes paper, rags, cartons,
wood, excelsior, furniture, rubber, plastics, brush, or similar materials; noncombustible
refuse includes glass, crockery, tin cans, aluminum cans, and similar materials that will
not burn at ordinary incinerator temperatures (1,600 degrees Fahrenheit to 1,800
degrees Fahrenheit). An approved solid waste receptacle is any container or location
provided by the City for the purpose of placing refuse and municipal solid waste and
including roll-out carts and dumpsters."
Section 2. The Wichita Falls Code of Ordinances is hereby amended at Section
1-14, General Penalty; Continuing Violations, so that such section shall hereafter read as
follows:
"Sec. 1-14. - General penalty; continuing violations.
Whenever in this Code or in any city ordinance or in any rule, regulation or order
promulgated by any city officer or agency under authority duly vested in such officer or
agency any act is prohibited or is made or declared to be unlawful or an offense or a
misdemeanor, where no specific penalty is provided, the violation of any provision of this
Code or of any ordinance, rule, regulation or order that governs or regulates fire, safety,
zoning or public health or sanitation, other than the illegal dumping of refuse, shall be
punished by a fine not exceeding $2,000.00. In cases involving the illegal dumping of
refuse, the fine will not exceed $4,000. The violation of any other provision of this Code
or any other ordinance, rule, regulation or order shall be punished by a fine not
exceeding $500.00, unless specifically stated otherwise in this Code. If the maximum
penalty provided by this Code for any offense is greater than the maximum penalty
provided for the same or a similar offense under the laws of the state, the maximum
penalty for such violation provided by the state statute shall be the maximum penalty
under this Code, unless State law expressly authorizes municipalities to have such fines.
Except where otherwise provided in this Code, each day an offense shall continue shall
constitute a separate offense."
Section 3. The sections of this ordinance that amend the Code of Ordinances of
the City of Wichita Falls are intended to be parts of said Code, and said sections of this
ordinance may be renumbered or relettered to accomplish such intention.
Section 4. This ordinance shall become effective September 3, 2015.
PASSED AND APPROVED this the 4th day of August, 2015.
MAYOR
ATTEST:
City erk
Affidavit of Publication
THE STATE OF TEXAS #635704
COUNTY OF WICHITA
OMbumm I10.31i MS
Ordinance amending the Wich
Ita Falls Code of Ordinances by
amending section 94-9,Deposit
ing Trash,Glass,bebris or Waste th
Materials,to prohibit the ille al On this 7 day of August 2015 AD...
dumping of refuse(and defining ersonall appeared before me, the undersigned authority
that term for purposes of this P y pp
section);further,amending sec- per
tion 1-14, General Penalty;Con- Kathy Salan Sales Assistant for the Times Publishing
tinning violations, a rovide Company of Wichita Falls
a penalty not to exceec�$4,00o P Y , publishers of the Wichita Falls
upon conviction for the illegal Times/Record News
dumping of refuse at other than , a newspaper published at Wichita Falls in
sPieps providing fort od f cation; Wichita County, Texas, and upon being duly sworn by me, on
and providing when such ordi-
nance shall become effective. oath states that the attached advertisement is a true and
correct copy of advertising published in 1 day (1) issues hereof
on the following date:
August 5,2015
f
Sales Assistant for Times ublishing Company of Wichita Falls
Subscribed and sworn to before e this the day and year first above written:
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