HomeMy WebLinkAboutOrdinance No. 35ORDINANCE NO. r
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, PROVIDING
DEFINITIONS; PROHIBITING THROWING OR DEPOSITING LITTER; PROVID-
ING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED
DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED by the City Council of the City of the
Colony, Texas:
SECTION 1. For the purposes of this ordinance, the
following definitions are provided, to -wit:
a. "Handbill" shall be any printed or written mat-
ter, any sample or device, circular, leaflet,
pamphlet, paper, booklet or any other printed
or otherwise reproduced original or copies of
any matter of literature which advertises for
sale any merchandise, product, commodity or
thing or which directs attention to any busi-
ness or mercantile or commercial establishment
or other activity, for the purpose of either
directly or indirectly promoting the interest
thereof by sales or which directs attention to
or advertises meetings, theatrical performance,
exhibition or event of any kind, for which an
admission fee is charged for the purpose of
private gain or profit. This definition shall
not include newspapers or periodicals as de-
fined herein.
b. "Person" shall mean any person, firm, partner-
ship, association, corporation, company or
organization of any kind.
C. "Private Premises shall mean any dwelling,
house, building or other structure designed or
used either wholly or in part for private res-
idential purposes, whether inhabited or tem-
porarily or continuously uninhabited or vacant,
including any yard, grounds, walk, driveway,
porch, steps or mail box belonging to such
dwelling, house, building or other structure.
d. "Public Place" shall mean any and all streets,
sidewalks, boulevards, alleys, or any public
ways and any and all public parks, squares,
spaces, grounds and buildings within the city.
e. "Newspaper" shall mean any newspaper of general
circulation devoting not less than twenty-five
percent (25%) of its total column lineage to
the carrying of items of general interest, pub-
lished not less frequently than once each week,
entered as second-class postal matter with the
United States Postal Service, and having been
published regularly and continuously for not
less than twelve (12) months. "Periodical"
shall mean any current magazine regularly pub-
lished with not less than four (4) issues per
year, and sold to the public.
SECTION 2. It shall be unlawful and an offense for any
person to throw or deposit any handbill, newspaper or periodical
in or upon any street, sidewalk or other public place within the
city, except in public receptacles. Persons placing litter in
public receptacles or in authorized private receptacles shall do
so in such a manner as to prevent it from being carried or de-
posited by the elements upon any street, sidewalk or other public
place or upon private property. No person shall hand out or
distribute or sell any commercial handbill in any public place.
It shall not be unlawful for any person to hand out or distribute
any non-commercial handbill to any person willing to accept it.
SECTION 3. No person shall throw, deposit or distribute
any handbill, newspaper or periodical upon any private premises,
if requested by anyone thereon not to do so, or if there is placed
on such premises in a conspicuous position near the entrance
thereof, a sign giving notice indicating in any manner that the
occupants of such premises do not desire any such handbill, news-
paper or periodical left upon the premises. In the absence of
such notice, no handbill shall be thrown, deposited or distribu-
ted on any private property within the city except in an author-
ized private receptacle for collection of such handbill and in
such manner that such handbill will be prevented from being
carried or deposited by the elements upon any street, sidewalk
or other public place in the city or upon any private property.
SECTION 4. Any person violating any of the provisions
of this ordinance shall be deemed guilty of a misdemeanor and,
upon conviction in the Municipal Court of the City of the Colony
shall be fined in an amount not to exceed the sum of TWO HUNDRED
DOLLARS ($200.00) for each offense.
SECTION 5. This ordinance shall take effect thirty (30)
days after its passage and the publication of the caption, as
the law in such cases provides.
DULY PASSED by the City Council of the City of the
Colony, Texas on theme % day of 1978.
APPROVED:
ATTEST:
f'
APPROVED AS TO FORM:
CITY ATTORNEY
YOR
ITY SECRET