0732 ORDINANCE NO. 732
AN ORDINANCE AMENDING CHAPTER 11 OF THE CODE OF
ORDINANCES OF THE CITY OF SOUTHLAKE TO PROHIBIT URINATING
OR DEFECATING IN CERTAIN LOCATIONS; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY
FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code;
WHEREAS, the city council has determined that persons who urinate or defecate
while visible on public or private property disrupt the peace and order of the public and
constitute a health hazard and a nuisance; and
WHEREAS, the city council desires to prohibit such nuisances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
That Chapter 11 of the Code of Ordinances of the City of Southlake, Texas is
hereby amended by the addition of Section 1 1-1, which shall read as follows:
Sec. 11-1. Urinating and Defecating Prohibited in Certain Locations.
(a) Offense. A person commits an offense if the person urinates or defecates:
(1) on public property, unless the person is in an enclosed restroom or
similar facility designed to handle waste in a sanitary manner;
(2) on private property that the person does not own, unless the person
has permission from the property owner and could not be seen by another not on that
property; or
(3) on private property that the person owns, unless the person could not
be seen by another not on that property.
(b) Exception. It shall not be an offense under this section for a person younger
than 17 to perform an act described in subsection a.
SECTION 2.
CUMULATIVE
This ordinance shall be cumulative of all provisions of ordinances of the City of
Southlake, Texas, except where the provisions of this ordinance are in direct conflict with
the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 3.
SEVERABLE
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by
the City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 4.
PENALTY
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this ordinance
shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each
day that a violation is permitted to exist shall constitute a separate offense.
SECTION $.
SAVINGS
All rights and remedies of the City of Southlake are expressly saved as to any and
all violations of the provisions of any other ordinances affecting urinating or defecating that
have accrued at the time of the effective date of this ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or not,
under such ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 6.
PUBLICATION
The City Secretary of the City of Southlake is hereby directed to publish the
proposed ordinance or its caption and penalty together with a notice setting out the time
and place for a public hearing thereon at least ten (10) days before the second reading of
this ordinance, and if this ordinance provides for the imposition of any penalty, fine or
forfeiture for any violation of any of its provisions, then the City Secretary shall additionally
publish this ordinance or its caption and penalty in the official City newspaper one time
Page 3
within ten days after passage of this ordinance, as required by Section 3.13 of the Charter
of the City of Southlake.
SECTION 7.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS
DAY OF
CITY SECRETARY
DAY OF
APPROVED AS TO FORM AND LEGALITY:
City Attorney
FED' I D. NO. 22-314825414414920
Star-Telegram AD ORDER NO.
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C IT 5 7
THE STATE OF TEXAS
)unty of Tarrant
Before me, a Notary Public in and for said County and State, this day
Tammie Bryant
personally appeared Billing Specialist for the
Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and
who, after being duly sworn, did depose and say that the following clipping of an advertisement was
published in the above named paper on the following dates:
DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT
1/22ME 14414920 NOTICE OF PUBLIC I358 1x 56L 56 QUOTE . -
NOTIHEOFPUBLIC 01/22-01/22
.._.._..
NOTICE IS HEREBY GIVEN
to all interested persons that
the City Council of the City of
Southlake, Texas, will be
holding a public hearing dur-
ing the Regular City Council
Meeting to be held on Febru-
ary 2,,1999 at 6:00 p.m.in
the ity Council Chambers
of City Hall,667 North Car-
roll Avenue,Southlake, Tex-
as.
Purpose of the hearing is to
consider the second reading
of the followingordinance:
CITY OFTS LAKE,
ORDINANCE NO.732
AN ORDINANCE AMENDING
CHAPTER 11 OF THE CODE
OF ORDINANCES OF THE
CITY OF SOUTHLAKE TO
PROHIBIT URINATING OR
DEFECATING IN CERTAIN LO-
CATIONS; PROVIDING THAT
THIS ORDINANCE SHALL BE
CUMULANANC STPROVIDING A S OF ALL EDV- 25th JANUARY 1999
SI-
u R BORACE CLAUSE„:
O ;WORN TO BEFORE ME, THIS THE DAY OF
VI-
OLATIONS HEREOF
PROVIDING A SAVINGS
` d
CLAUSE;O PROVIDING FOR ,l•Al J!r/��i. .
PUBLICATION IN THE OFFI- tiP. �;4 RHONDA R. GOKE Notary Public
CIAL NEWSPAPER,'AND PRO- ;2 �r
VIDING SAN ECTION 41VE DATE. 1.1 ••y COMMISSION EXPIRES
PENALTY rr'• `P' TARRANT COUNTY,TEXAS
Any person, firm or corpora- i9 ... -+: SEPTEMBER 8, 1999
tion who violates, disobeys, 0` ;
omits, neglects or refuses $
" s .....vim
to comply with or who re-
sists the enforcement.of any
F nancepshalli beofinedonor ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
more than Two Thousand
Dollars (S2,000.00) for
each offense.Each day that—TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
a violation is permitted to ex-I
ist shall constitute a sepa-
rate
offense.
City of Southlake I
Sandra L.LeGrand
City Secreta
Star_Ilnlelegrail
REMIT TO: ' 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
14414920 ACCOUNT CIT57 AMOUNT 45 . 36
NUMBER DUE
PAGE 1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885
CITY OF SOUTHLAKE
667 N CARROLL AVE PLEASE PAY
SOUTHLAKE, TX 76092-9595 THIS AMOUNT 45 . 36
PLEASE WRITE IN AMOUNT ENCLOSED
Star-Telegram FED. I.D. NO: 22-3148254 14506267
AD ORDER NO.
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57
E STATE OF TEXAS
anty of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared TAMMTE BRYANT Billing Specialist for the
Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and
who, after being duly sworn, did depose and say that the following clipping of an advertisement was
published in the above named paper on the following dates:
DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL
INCH/LINE RATE AMOUNT
2/05ME 14506267 ORDINANCE NO . 73 I358 1x 45L 45 QUOTE 36 . 45
ORDINANCE NO.732 1 0 2�0 5-0 2/0 5
AN ORDINANCE AMENDING -
OCF�ORDINANCPTER 11 OES OFF THE C THE
CITY OF SOUTHLAKE TO'
PROHIBIT IIRINATING OR --- --- ---
DEFECAINCPROVIDING IN CERTAIN H LO-
CATIONS,*
CUTHMULATIVE OFALL ORDI-
ORDI-
NANCES;PROVIDING A SEV- - --- -- - -
ERABILITY CLAUSE'PROVID
INC FOR A PENALTY FOR VI-
OLATIONS HEREOF;PROVID-
ING A SAVINGS CLAUSE; ---- ---- - - - - - -- - -
PROVIDING FOR PUBLICA-
TION ER AND THE OFFICIAL NEWS-
AN
EFFECTIVE DATE. - ---- - ---
SECTION 4.
PENALTY
Any person, firm or corpora-
tion who violates, disobeys,
)mils, neglects or refuses c
o comply with or who re- J
;fists the enforcement of any
if the provisions of this ordi-
nance shall be fined not FEBRUARY 1"�
more than Two Thousand SWORN TO BEFORE ME, THIS THE gth DAY OF
S Ddlars 152,000.00) for
each offense. Each day that '/� ;�(� �y
a violation is permitted to i ,a `��`.�, l v�l� �• i �4,
ex-
ist shall constitute a sepa-
rate offense. �f•• -•••�mh Notary Public
PASSED AND APPROVED ON S �rrj RHONDA R. GOKE
THE 2ND DAY OF FEBRU-
ARY, 1999, DURING THE >'i•; F /'REGULAR CITY COUNCIL s'�''; COMMISSION EXPIRES P
MEETING. if.,. .N 4/
MAYOR RICK STACYATT v '';' •oF .+ SEPTEMBER 8, 1999TARRANT COUNTY,TEXAS
LEGRANDS CI CITY SAECRETARY
I APPROVED AS TO FORM: , ���1� ��"'��~
I EE.
.A LLENn AYLOR JR.,
PLEASE NAY I NIS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
L---TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�j
Star-'l'elegrai'ii REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102\
14506267 ACCOUNT CIT57 AMOUNT 36 . 45
NUMBER DUE
PAGE1 IF ANY QUESTIONS, PLEASE CAL4817)390-7885
CITY OF SOUTHLAKE
667 N CARROLL AVE PLEASE PAY
SOUTHLAKE, TX 76092-9595 THIS AMOUNT 36 . 45
PLEASE WRITE IN AMOUNT ENCLOSED