§ 33-18.25. Accumulations and deposit of waste prohibited.

(a)

A person commits an offense if he deposits, causes to be deposited, or permits to accumulate any dry or wet solid waste upon any public or private premises within the city in such a manner as to emit noxious or offensive odors or to become unsanitary or injurious to public health, or in any way to become a public nuisance.

(b)

It is a defense to prosecution under subsection (a) of this section that the person was:

(1)

Depositing such solid waste at a temporary disposal site designated by the director as a temporary holding site in response to the need for clean-up after a disaster declared by the emergency coordinator, and

(2)

The solid waste deposited was waste generated during the disaster.

(Ord. No. 8256, § 3, 12-4-03; Ord. No. 2017-9981, § 1, 9-21-17 )

State law reference

Authority to define and declare nuisances, V.T.C.A., Local Government Code § 217.042; persons not to permit abandoned property to become public health nuisance, V.T.C.A., Health and Safety Code § 341.013; municipal authority to require the owner of a lot in the municipality to keep the lot free from weeds, rubbish, brush, and other environmental nuisances, V.T.C.A., Health and Safety Code § 342.001 et seq.