OR 229 Public Nuisance AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 229
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DEFINING THE TERMS
"PERSON", "FIREWORKS", AND "UNHEALTHY MATTER"; ENUMERATING MATTERS
THAT SHALL CONSTITUTE A NUISANCE WHEN ALLOWED OR .MAINTAINED WITHIN
THE CORPORATE LIMITS OF THE CITY OR OUTSIDE THE LIMITS OF THE CITY
FOR A DISTANCE OF 5,000 FEET; DECLARING ACTIVITIES INJURIOUS TO HEALTH
TO BE A NUISANCE; DECLARING UNHEALTHY PREMISES TO BE A NUISANCE;
DECLARING THE ACT OF DEPOSITING UNHEALTHY MATTER IN PUBLIC PLACES
TO BE A NUISANCE; DECLARING THE ACT OF DEPOSITING UNHEALTY MATTER
ON ANOTHER'S PREMISES TO BE A NUISANCE; DECLARING FIREWORFS TO BE A
NUISANCE; PROVIDING EXCEPTIONS FOR FIREWORKS DISPLAYS PERMITTED BY
SPECIAL PERMIT; AUTHORIZING THE FIRE MARSHAL TO SEIZE FIREWORKS THAT
CONSTITUTE A NUISANCE; PROVIDING FOR THE ABATEMENT OF NUISANCES;
MAKING IT UNLAWFUL FOR ANY PERSON TO CAUSE, CREATE, MAINTAIN OR
PERFORM ANY ACT WHICH CAUSES OR CREATES OR MAINTAINS A PUBLIC
NUISANCE WITHIN THE CORPORATE LIMITS OF THE CITY; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, as provided in Article 3175, Section 19 of the Rev!sed Civil Statutes
of Texas, the City, acting through its C~ty CounciL has the power to ~efine all
nuisances and prohibit the same within the City and outside the City L{mlts for a
distance of 5,000 feet.
NOW, THEREFORE, be it ordained by the City Council of the City of CopDell,
Texas:
SECTION 1. ADOPTION OF POWERS
The powers granted under Artic]e 1175, Section 19, of the Revised CivU Statutes
of Texas are hereby specifically adopted and made a part hereof.
SECTION 2. DEFINITIONS
The term "person" sba{l mean and include any natural Derson, assoeiat}on of
persons, partnership, corporstion, a~eDt or officer, and shaU also include all ware-
housemen, common 8~d private carriers, bailees, trustees, receivers, executors, admin-
istrators, parents, and guardians.
The term "fireworks" whenever used in this ordinance shall mean Bay sparkler,
squib, rocket, firecracker, romsn eand)e, torpedo, fire hallcon, star shell, cannon cracker,
or any other substance in whatever combination by designated name used to obtain a
visible or audible pyroteehnic display and shall include al] articles or substances within
the commonly accepted meaning of the term fireworks, whether hereln specifically
designated and defined.
The term "tinhealthy matter" whenever used in this ordinance sha!] mean trash,
rubbish, garbage, stagnant water, other stagnant liquids, dead animals or fragments
thereof, decaying vegetables, dung, urine, sewage, or other substances which are likely
to become unwholesome, filthy, offensive, nr llke)y to create disease.
SECTION 3. ABATEMENT OF NUISANCES
Whenever any minisaries as he,sin defined is fonnd in any D]aee within the City
or in any area outside the City Limits for a distance of 5,000 feet, it shall be the
duty of the Chief of Police, Health Officer or Fire Marshal to cause the same to be
removed or abated. When no person can be found who is responsible for sueb nuisance,
such removal or abatement shall be at the expense ofthe City, otherwise, such cost
of removal or abatement shall be an obligation of the person responsible for the
existence of such nuisance and to the extent as authorized by law, the City shall have
a lien for such debt against the property involved.
SECTION 4. NUISANCES ENUMERATED
The City Council hereby finds the fo!lowin~ acts or conditions to be, and the
same are hereby declared, nuisances when allowed, maintained, or snffered to exist
within the Corporate Limits of the City or outside the ]iraits of the City for a distance
of 5,000 feet:
A. Activities Iniurines to Health
Any activity, trade, business or occupation which creates any condition
injurious to the health of those who reside, work or go about the vicinity
of such condition.
B. Unhealthy Premises
Any property or premises, building, pool, street~ drain or ~'ounds of
any character which are not kept free of unheaJthy matter as that
term is defined herein.
C. Placing Unhealthy Matter in Public Pllaee
The placing of unhealthy matter, as that term is defined herein, upon,
onto or along any public street, alley, sic!ewalk nr other public place.
D. Unhealthy Matter on Another's l~'operty
The placing of unhealthy matter, as that term is de~ned herein, upon
or into the premises or property of soother.
E. Fireworks
The keeping, storage, use, manufacture, assembling, selling, handling,
transporting, receiving, offering for sale, or having in one's possession
with the intent to offer for sale, use, r~ischarge, ignite, detonate, fire
or otherwise set into action, any fireworks as that term is defined
herein.
(1) Exemptions in Regard to Fireworks
This ordinance as it applies to fireworks sha~] not apply to the
possession or use of sigma]ling' devices used by railroads, vessels
or others requiring the same nor to signal flares or rockets for
military or police use. This ordinance shah not apply to supervised
public displays of fireworks provided that a permit for such
fireworks display has been obtained from the City Fire Marshal.
The City Fire Marshal shall have the power to adopt ,esonab]e
rules and regulations for the granting of such permits which shall
be issued only after application for such permit has been made
in writing at least fifteen (15) days in advance of the date of
the display. The permittee shall furnish the Fire Marshall with
evidence of insurance coverage which would be sufficient to pay
all damages that might be caused either to a person or persons
or property by reason of the permitted display arising from any
acts of the permittee, his agents, employees or subcontractors,
which said insurance shall be in at least the amount of
$ /D 0, CL') C) for each person in~ured and
$ JOG.. O00 for each item of proPertY damage. There
shah be collected a permit fee of $ vc'OO. ~' for
each permit issued.
(2) Authority of Fire Marshal to Seize Fireworks
Since the presence of any fireworks within the jurisdiction of
the City is herein declared to be a nuisance and the presence
of any fireworks within the Carporate Limits of the City is in
violation of the penal provisions of this ordinance, the Fire
Marshal or any Police Officer is hereby directed and required to
seize and cause to be destroyed any fireworks found within the
Corporate Limits of the City and the Fire Marshal is hereby
directed to take such action as is necessarV to remove or abate
any fireworks nuisance found to exist in any area outside the
limits of the City for a distance of 5,000 feet. The Fire Marshal
or any Police Officer is hereby empowered to stop the trans-
portation of and detain any fireworks found being transported
illegally within the Corporate Limits of the City or to close any
building where any illegal fireworks are found to be stored and
in such a case the Fire ~Ts~sha] is authorized to seize and destroy
such fireworks in accordance with the terms of this ordinance.
The City Attorney is authorized to file suit on behalf of the
City or the Fire Marshal or both for such injunctive relief as
may be necessary to prevent the unlawful, storage, transportation,
keeping, or using of fireworks within the jurisdiction of the City
and to aid the Fire Marsha,] in the discharge oF his duties snd
to particularly prevent any person from interferrin~ or attemptin~
to interfere with the seizure and destruction of such ~ireworks,
but it shah not be necessary to obtain such iniunctive relief as
a prerequisite to such seizure and destruction. The Fire ~m~arshal
is hereby authorized to enter any buildin~ where the unlawfu]
presence of fireworks is suspected in order to inspect the same
for the presence of fireworks. In any instance where the Fire
Marshal or any of his duly authorized assistants or any Police
Officer of the City have probable cause to believe that fireworks
are being stored in a bui]ding it shah be the duty oF the owner,
lessee, person in charge of such building, or their agents to open
and permit the entry of authorized inspectors to the building.
SECTION 5. NUISANCE8 UNLAWFUL
It shall be unlawful, except as herein provided, for any Derson to cause, create,
maintain or perform any act which causes, creates or maintains within the C'orporate
Limits oF the City, any condition which by this ordinar~ce is declared to be nuisance.
SECTION 6. NOT NECESSARY TO NEGATE EXCEPTIONS
In any prosecution for any violation of this ordinance, or in any other ~udiciaI
action, it shall not be necessary for the prosecution or the representatives of the City
to negate any provisions of any exception granted h~rein, but the same shall he raised
by the defendant by way of defense.
SECTION 7. REPEALING CLAUSE.
AH ordinances, or parts of ordinances, inconsistent or in conflict with the
provisions of this ordinance are hereby repealed.
SECTION 8. SEVERABILrrY CLAUSE.
If any article, paragraph or subdivision, clause or provision of this ordinance
shall be adjudged invalid or he]d unconstitutional, the same shall ~ot affect the va]idit.v
of this ordinance as a whole or any part or provision thereof, other than the part so
decided to be invalid or unconstitutional.
SECTION 9. PENALTY CLAUSE.
Any person, firm or corporation violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished bv a
penalty of fine not to exceed the sum of Two Hundred Dollars ($200.00) for each
offense, and each and every day such offense is continued shall constitute a new and
separate offense.
SECTION 10. EFFECTIVE DATE.
This ordinance shah take effect immediately from and after the publication of
its caption, as the law in such cases provides.
DULY PASSED by the City Council of the City of CoOpe]l, Texas, this the
day of
ATTEST:
APPI~OVED AS TO FO}~I~:
CITY ATTORNEy