040703-2

AN ORDINANCE PROHIBITING ANY LITTERING, ILLEGAL DUMPING, CREATING NUISANCES, AND LIMITING BURNING MATERIALS ON THE RIGHT OF WAYS IN THE CITY OF NAPLES. SHORT TITLE OF SUCH ORDINANCE, PROVIDING PENALTIES FOR VIOLATIONS AND HABITUAL OFFENDERS; CONTAINING A SEVERANCE CLAUSE; REPEALING ALL CONFLICTING ORDINANCES; AND CONTAINING AN EMERGENCY CLAUSE.

WHEREAS THE CITY OF NAPLES DEEMS IT NECESSARY TO PROVIDE FOR THE SAFETY AND GENERAL WELFARE OF THE CITIZENS OF THE CITY AND TO PREVENT DAMAGE TO CITY STREETS AND ADJACENT PROPERTY;

NOW THEREFORE BE IT ORDAINED BY THE CITY OF NAPLES TEXAS;

SECTION I. SHORT TITLE

This ordinance shall be known as the ENVIRONMENTAL ORDINANCE OF THE CITY OF NAPLES TEXAS.

A PERSON SHALL NOT CAUSE, PERMIT OR ALLOW A PUBLIC NUISANCE UNDER THIS SECTION.

A PUBLIC NUISANCE IS ANYTHING THAT IS DANGEROUS TO HUMAN HEALTH AND LIFE AND THE GROUND WATER, AIR, FOOD OR DRINK UNWHOLESOME. A PUBLIC NUISANCE INCLUDES BUT IS NOT LIMITED TO:

1. Keeping storing or accumulating refuse on any residential or commercial premises within the city limits unless the refuse is completely contained in a closed receptacle.
2. Keeping storing or accumulating rubbish, including newspapers, abandoned vehicles, motor homes, travel trailers, refrigerators, stoves, washers, dryers, furniture, tires, and cans on any residential or commercial premises within the city limits of Naples for more than ten (10) days unless the rubbish or object is not visible from a public street or neighboring property.
3. Maintaining any residential or commercial premises within the city limits in a manner that creates any unsanitary condition, such as stagnant water, filth, carrion or other impure or other unwholesome manner, likely to harbor mosquitos, attract rodents, vermin, snakes or disease carrying pests.
4. Allowing weeds, rubbish, brush or any other unsightly, objectionable or unsanitary matter to accumulate or to grow on any residential or commercial premises within the city.
5. Maintaining a building within the city in a manner that is structurally unsafe or constitutes a hazard to safety, health or public welfare because of inadequate maintenance, unsanitary conditions, dilapidation, obsolescence, disaster, damage or abandonment or because it constitutes a fire hazard as outlined in substandard building ordinance No. 11600.
6. Maintaining on an abandoned or unoccupied property within the city a swimming pool that is not protected by:

1. A fence that is at least 48 inches high and that has a latched gate located 42" or higher above the ground and cannot be opened by a child or;
2. A cover over the entire swimming pool which remains secure and reasonably free from accumulated water produced by weather conditions and cannot be removed by a child;

1. Maintaining any residential or commercial premises within the city in any manner that constitutes a fire hazard as outlined in the substandard building ordinance No. 11600.
2. Defecating or urinating upon the streets, alleys or public grounds, or in any place that may be seen from a private residence or commercial establishment, or by any person passing along the streets, alleys or thoroughfares;
3. Constructing or keeping on residential or commercial premises within the city an outdoor toilet.
4. discharging or causing or allowing to be discharged into any street, alley, public thoroughfare or any residential or commercial premises within the city the contents of any septic tank;
5. allowing signs or other obstructions, such as trees, shrubs, bushes, plants, grass, weeds growing at or near intersections in such a manner so as to obstruct the view of approaching traffic from the right or left or;
6. Constructing any septic tank on any residential or commercial premises within the city except with approval of the Texas Commission on Environmental quality.

SECTION II. LITTERING AND ILLEGAL DUMPING

1. A PERSON COMMITS AN OFFENSE IF THE PERSON DISPOSES OR ALLOWS OR PERMITS THE DISPOSAL OF LITTER OR OTHER SOLID WASTE AT A PLACE THAT IS NOT AN APPROVED SOLID WASTE SITE, INCLUDING WITHIN A PLACE ON OR WITHIN 300' OF A PUBLIC HIGHWAY, ON A RIGHT OF WAY, ON A RIGHT OF WAY OR OTHER PUBLIC OR PRIVATE PROPERTY.
2. A PERSON COMMITS AN OFFENSE IF THE PERSON RECEIVES LITTER OR SOLID WASTE FOR DISPOSAL THAT IS NOT AN APPROVED SOLID WASTE SITE, REGARDLESS OF WHETHER OR NOT THE LITTER OR OTHER SOLID WASTE OR THE LAND ON WHICH THE LITTER OR OTHER SOLID WASTE IS DISPOSED IS OWNED OR CONTROLLED BY THE PERSON.
3. A PERSON COMMITS AN OFFENSE IF THE PERSON TRANSPORTS LITTER OR OTHER SOLID WASTE TO A PLACE THAT IS NOT AN APPROVED SOLID WASTE SITE FOR DISPOSAL AT THE SITE.
4. A PERSON COMMITS AN OFFENSE IF THE PERSON TRANSPORTS LITTER OR OTHER SOLID WASTE TO WHICH THE OFFENSE APPLIES WEIGHS FIVE POUNDS OR LESS OR HAS A VOLUME OF FIVE GALLONS OR LESS.

CRIMINAL PENALTY

A PENALTY NOT EXCEED FIVE HUNDRED DOLLARS (500.00) SHALL BE ASSESSED FOR EACH VIOLATION OF THIS SECTION. ANY ORDINANCE GOVERNING SAFETY, ZONING, OR PUBLIC HEALTH AND SANITATION, INCLUDING DUMPING, MAY NOT EXCEED FIVE HUNDRED DOLLARS (500.00)

COMMISSION OF OFFENSE/CREATING A PUBLIC NUISANCE

A person commits an offense if: The nuisance remains unabated after the 10th day after the date on which the person receives notice from a city official, agent, or employee to abate the nuisance.