HomeMy WebLinkAboutOrdinance No. 05-1586
CITY OF THE COLONY, TEXAS
ORDINANCE NO {) 5'-/s7b
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
AMENDING CHAPTER 10, SECTION 10-1 BY AMENDING THE
DEFINITION OF PUBLIC NUISANCE; AND BY ADDING A NEW
SECTION 10-9 TO PROHIBIT THE COLLECTION OF WATER
THAT IS OR MAY BECOME A PUBLIC NUISANCE; AND BY
ADDING A NEW SECTION 10-10 TO PROVIDE FOR
ENFORCEMENT; PROVIDING A SAVING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENAL TY UPON CONVICTION IN AN AMOUNT NOT TO
EXCEED TWO THOUSAND DOLLARS ($2,000.00) AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH
DAY DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; PROVIDING A PUBLICATION CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 10-1 of the Code of Ordinances provides the general
definition of nuisances which are deemed to be unlawful acts within the City; and
WHEREAS, it has been determined that persons who cause, permit, maintain or
allow the creation and/or maintenance of a nuisance should be included and addressed;
and
WHEREAS, it has been determined that the collection of water on property
harbors the breeding of mosquitoes and maintaining such condition is detrimental to the
public health; and
WHEREAS, after due deliberations and consideration, the City Council of the
City of The Colony finds that it is in the public interest to amend Section 10-1 to amend
the definition of public nuisance, to add Section 10-9 to prohibit the collection of
stagnant water, and to add Section 10-10 to provide for enforcement of the same as
provided herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That The Colony Code of Ordinances be, and the same is, hereby
amended by amending Chapter 10, Section 10-1 by amending the definition of public
nuisance, which shall read as follows:
"Sec. 10-1. General definition of public nuisance.
(a) "Public Nuisance" shall mean a condition which is
dangerous to human life or health, . . . . ."
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Section 2. That The Colony Code of Ordinances be, and the same is, hereby
amended by amending Chapter 10 by adding a new Section 10-9 and Section 10-10, which
shall read as follows:
"Sec. 10-9. Collection of Stagnant Water.
(a) It shall be unlawful and declared to be a public nuisance for any
person that owns or is in control of property to have, keep,
maintain, cause, suffer, allow, or permit any collection of stagnant
water in which mosquitoes breed or are likely to breed.
(b) Any collections of water considered by Section 10-9(a) shall be
held to be stagnant water contained in ditches, swimming pools,
ponds, excavations, holes, depressions, open cesspools, privy
vaults, foundations, tanks, shallow wells, barrels, troughs, urns,
cans, boxes, tubs, buckets, tires, tanks or similar water containers."
Sec. 10-10. Enforcement.
It shall be unlawful for any person, firm or corporation to construct,
create, cause, permit, suffer, maintain or allow a public nuisance as defined
herein.
Sec. 10-11-10.19 Reserved."
Section 3. It is unlawful for any person to violate any provision of this
ordinance, and any person violating or failing to comply with any provision hereof shall
be fined, upon conviction, in an amount not more than two thousand dollars ($2,000.00),
and a separate offense shall be deemed committed each day during or on which a
violation occurs or continues.
Section 4. Chapter 10 of the Code of Ordinances of the City of The Colony,
as amended, shall remain in full force and effect, save and except as amended by this
ordinance.
Section 5. The sections, paragraphs, sentences, phrases, clauses and words of
this ordinance are severable, and if any section, paragraph, sentence, phrase, clause or
word in this ordinance or application thereofto any person or circumstance is held invalid
or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the City Council hereby declares
that it would have passed such remaining portions of this ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
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Section 6. That any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the same penalty as provided for
in the Code of Ordinances of the City of The Colony, Texas, as heretofore amended, and
upon conviction shall be punished by a fine not to exceed the sum of Two Thousand
Hundred ($2,000.00) Dollars for each offense; and each and every day such violation
shall continue shall be deemed to constitute a separate offense.
Section 7. This ordinance shall become effective from and after its adoption
and publication as provided by law.
PASSED. flD. ~VED. by the City Council of the City of The Colony,
Texas this the ~ day o~.(- '. vA? , 20~
APPROVED:
\p.. f;;)Jt~
J o'''n Dillard, Mayor
CLy of The Colony, Texas
ATT~:
t ~~ {JfiJ~
<'stie Wilson City Secretary,
City of The Colony, Texas
Robert E. Hager, y Attorney,
City of The Col ny, Texas
(JG/si 12/30/04)
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