(a) Each of the following acts by any person is hereby declared to be unlawful as a public nuisance:
(1) depositing any solid waste on any public or private property that is not inside of any building;
(2) causing or allowing to be deposited any solid waste on any public or private property that is not inside of any building;
(3) permitting any solid waste to remain on any property that is owned by, occupied by or under the control of the person and that is not inside of any building, whether or not the person deposited the solid waste onto the property.
(b) The following shall be affirmative defenses to prosecution under this section:
(1) the solid waste was deposited or permitted to remain in order to allow proper collection and disposal of same by the city or by a person possessing a valid solid waste collection permit issued under the authority of this chapter, and the solid waste was deposited or permitted to remain in compliance with all applicable provisions of city, state and federal law, and with all applicable rules promulgated pursuant to Section 49-3 of this article.
(c) In this section, the term solid waste shall mean any bulky waste, commercial refuse, residential refuse, garbage, refuse, dead animals, construction debris, hazardous waste, rubbish and trash, or any other discarded materials.
(d) Unless otherwise specifically set forth in state law, allegation and evidence of culpable mental state are not required for the proof of an offense defined by this section.
(e) In accordance with the authority provided by Section 217.042 of the Texas Local Government Code, this section shall apply within the city limits of the City of Longview and to any area that is outside of the city limits of the City of Longview but within 5,000 feet of said limits.
(Ord. No. 184, § 9, 10-19-52; Ord. No. 3286, § 13, 1-22-04, Ord. No. 3705, § 10, 08-12-10)