HomeMy WebLinkAboutOrd 471-2009 Prohibiting Depositing by a Vehicle of Foreign Matter on a Public Rdwy.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 471-2009
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES BY AMENDING PART 11, ARTICLE 29, BY ADDING A NEW
SECTION 6; PROHIBITING THE DEPOSITING BY A VEHICLE OF FOREIGN
MATTER ONTO A PUBLIC ROADWAY OR PLACE; PROVIDING FOR A PENALTY
FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2,000; PROVIDING
FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the City of Anna, Texas ("City") City Council (the "City Council") is
committed to establishing regulations that protect common resources and promote a
safe, sustainable, and connected community; and
WHEREAS, the City Council finds that the depositing onto public roadways or
places of foreign matter by Vehicles is a hazard to drivers on such roadways or
places; and
WHEREAS, the City Council has investigated and determined that it would be
advantageous and beneficial to the City and its citizens to prohibit the depositing of
such matter by Vehicles onto public roadways or places by amending Part 11, Article
29 adding a new Section 6 to The Anna City Code of Ordinances ("Anna Code");
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendment to Part 11, Article 29.
In accordance with Part 11, Article 1, Section 9 of the Anna Code, Part 11, Article 29, is
amended to add a new Section 6 to read as follows:
Section 6. Prohibited Deposits of Foreign Matter by Vehicles on Public
Roadways and Places.
6.01 Definitions
For the purposes of this section, when not inconsistent with the context, words
used in the present tense include the future tense, words in the plural include
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the singular, words in the singular include the plural, and the use of any
gender shall be applicable to all genders whenever the sense requires. Words
not defined in this section shall be given their common and ordinary meaning.
Litter has the same meaning as the word "Litter" under Texas Health & Safety
Code Section 365.011.
Vehicle has the same meaning as the word "Vehicle" under Texas
Transportation Code Section 541.201, and does include devices that may not
be legally operated on public roadways.
6.02 Offense
(a) It is unlawful within the City for any person to drive or move a Vehicle,
when doing so results in depositing onto any public street, highway,
alley, or other public place or roadway, any mud, dirt, sticky substances,
Litter, or foreign matter of any kind.
(b) Neither allegation nor evidence of a culpable mental state is required for
the proof of an offense described by this section.
(c) It is an affirmative defense to prosecution under this section that the
driver of the Vehicle which deposited the mud, dirt, sticky substances,
Litter, or foreign matter of any kind, or any agent of the driver, removed
such material in a safe manner from the street, highway, alley, or other
public place within thirty (30) minutes of depositing same.
6.03 Penalty
An offense of this section is a Class C misdemeanor. Any Person convicted of
violating this section shall be fined in an amount not to exceed $2,000 for each
incident of violation, unless otherwise specifically set forth in this Code. Each
day of the continuance of such violation shall be considered a separate
offense and shall be punished separately. The penal provisions imposed
under this section shall not preclude the City from filing suit to enjoin the
violation. The City retains all legal rights and remedies available to it pursuant
to local, state and federal law.
(Ord No. 471-2009, adopted 10-13-09)
Section 4. Penalty.
Any violation of any of the terms of this ordinance, whether denominated in this
ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of
any such violation shall be fined in an amount not to exceed $2,000 for each incidence
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of violation. Each day a violation exists is considered a separate offense and will be
punished separately.
Section S. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section,
subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or
more section, subsection, sentence, clause, and phrase be declared unconstitutional or
invalid.
Section 6. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective upon and after its passage and upon
the posting and/or publication, if required by law, of its caption and the City Secretary is
hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this 1 3th day of October, 2009.
ATTESTED:
APPROVED: I
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C? Secretary, Natha Wilkison ",,,//Mayo, riren R.4&Uell
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