Chapter 20. Offenses and Nuisances

Sec. 20-1. Definitions.

In this chapter:

(1) Code Enforcement Officer means the Code Enforcement Officer of the City or another employee designated by the City Manager to enforce this chapter.

(2) Junked vehicle has the meaning assigned by Texas Transportation Code §683.071.

(3) Owner means the owner of record shown on the most recent certified appraisal roll of the Brisket Central Appraisal District, and includes any person in control of the premises.

(4) Premises means a lot, tract, or parcel of land, including any building or structure on it and the adjacent parkway to the curb or edge of pavement.

(5) Weeds means brush, grass, and uncultivated vegetation, other than trees, shrubs, cultivated crops, and maintained flower and vegetable gardens.

Sec. 20-2. Public nuisances.

The following are public nuisances:

(1) weeds more than 12 inches high, except as provided in Section 20-3;

(2) an accumulation of rubbish, trash, brush, or debris that may harbor rodents, snakes, or vermin;

(3) standing water in which mosquitoes may breed, including an unmaintained swimming pool;

(4) a junked vehicle visible from a public place, except as provided in Section 20-4;

(5) a vacant building that is open to unauthorized entry; and

(6) any condition declared a nuisance by another provision of this Code or by Texas Health and Safety Code ch. 341 or ch. 342.

Sec. 20-3. Weeds and high grass.

(a) The owner shall keep the premises free of weeds more than 12 inches high.

(b) This section does not apply to:

(1) land in the AG district, except within 100 feet of a street or of a residence on adjoining property;

(2) natural areas, greenbelts, and floodplain areas in the PK district maintained by the City; or

(3) a native wildflower area covering not more than 25 percent of a front yard, if it is bordered and registered with the Code Enforcement Officer.

Sec. 20-4. Junked vehicles.

(a) A junked vehicle located where it is visible from a public place or public right-of-way is a public nuisance, and shall be abated under Texas Transportation Code ch. 683, subchapter E.

(b) This section does not apply to a vehicle:

(1) completely enclosed in a building;

(2) that is an antique or special interest vehicle stored by a collector on the collector’s property and screened from ordinary public view by a fence or plantings, as provided by state law; or

(3) stored on the premises of a lawful salvage yard or vehicle repair business.

(c) The owner of a junked vehicle shall be given at least 10 days’ notice before removal, and may request a hearing before the Municipal Court. A vehicle removed under this section shall not be reconstructed or made operable.

Sec. 20-5. Notice; abatement; lien.

(a) When the Code Enforcement Officer finds a nuisance, the Officer shall give the owner written notice by personal delivery or by mail to the address shown on the appraisal roll. If the owner’s address is unknown or the notice is returned, notice may be given by posting on the premises and by publication in The Dongvile Gazette.

(b) The owner shall abate the nuisance within seven days after notice is given.

(c) If the owner does not abate the nuisance, the City may do so and charge the owner the cost of the work plus an administrative fee of $75.

(d) A notice may state that if the owner commits another violation of the same kind within one year, the City may abate it without further notice.

(e) If the charges are not paid within 30 days, the City Manager may file a statement of the expenses with the Brisket County Clerk. The expenses become a lien on the premises, with interest at 10 percent per year, as provided by Texas Health and Safety Code §342.007.

Sec. 20-6. Outdoor storage; indoor furniture.

(a) No person shall store appliances, auto parts, tires, building materials not related to an active building permit, or household goods in a front or side yard visible from a street.

(b) Upholstered furniture, mattresses, and other furniture designed for indoor use shall not be kept on an unenclosed porch, yard, or driveway visible from a public street for more than 72 hours.

(c) This section does not apply to items placed at the curb for bulk collection under Chapter 10, if they are placed no earlier than the weekend before the scheduled bulk week.

Sec. 20-7. Discharge of firearms.

(a) No person shall discharge a firearm, air gun, or bow and arrow within the city limits, except:

(1) in defense of person or property as justified under Texas Penal Code ch. 9;

(2) by a peace officer in the performance of duty;

(3) as protected by Texas Local Government Code §229.002; or

(4) blank cartridges fired at a theatrical performance, sporting event, or the Brisket County Rodeo.

(b) Fireworks are governed by Section 9-7.

Sec. 20-8. Obstruction of streets and sidewalks.

No person shall place or leave any object, including a portable basketball goal, a trash container outside collection hours, or a parked vehicle, so that it obstructs a sidewalk or the traveled portion of a street, except under a permit issued under Chapter 15.

Sec. 20-9. Shopping carts.

(a) No person shall remove a shopping cart from the premises of the business that owns it without the business’s permission.

(b) A business that provides shopping carts shall mark each cart with the name of the business and shall retrieve a cart reported abandoned on public property within 72 hours after notice.

(c) The City may impound a shopping cart abandoned on public property. The business may redeem it for $25 per cart.

Sec. 20-10. Graffiti.

(a) No person shall paint, mark, scratch, or draw on public or private property without the consent of the owner.

(b) The owner of property defaced by graffiti shall remove or cover it within 10 days after notice. With the owner’s written consent, the City may assist with removal at no charge.

Sec. 20-11. Tampering with City property and vehicles.

(a) No person shall, without authorization, deface, damage, move, or tamper with City property, including signs, fire hydrants, meters, and park equipment.

(b) No person shall, without authorization, enter, lift, tip, push, carry, or relocate a City vehicle, including a golf cart.

(c) Climbing the Dongvile Water Tower is governed by Section 19-7.

Sec. 20-12. Penalty.

(a) A violation of Sections 20-2 through 20-6 governs public health and sanitation and is punishable by a fine not to exceed $2,000, as provided in Section 1-8(b).

(b) Any other violation of this chapter is a Class C misdemeanor punishable by a fine not to exceed $500.

(c) Each day a violation continues is a separate offense. A fine is in addition to any abatement costs, fees, and liens imposed under this chapter.