The following acts, commissions, omissions, conditions, or deeds by any person shall be and hereby are declared to be a nuisance:
(A) The act of allowing to exist any full or overflowing privy, vault, cesspool, septic tank, garbage can, container, or other receptacle for filth, waste, garbage, and human or animal excrement upon any premises owned or controlled by any person, or the failure to maintain in proper condition any cesspool, septic tank, or other sewage or septic system;
(B) The act of allowing to be pumped the contents of cesspools or septic tanks so as to flow over, seep up, pool, or otherwise exist on any premises without proper pretreatment for sanitation;
(C) The act of allowing any imperfect or faulty trap, sink, or water closet, or any other drainage appliance or fixture, to exist in any house or building within the city from which there shall arise any foul or offensive gas or odor;
(D) The act of casting, draining, throwing, or causing to be cast, drained, thrown, or distributed into any public street or highway, gutter, alley, or other public grounds within the city any kitchen water, water from exhaust pipes, laundry water, air conditioners or other wastewater, slops, swill, or liquid filth, or any other similar unsanitary matter;
(E) The act of keeping or causing to be kept any animals in pens or enclosed areas upon any premises owned or controlled by a person in a manner so as to produce foul, obnoxious, or other offensive odors or smells to persons living in the vicinity of the premises;
(F) (1) The act of failing to keep, or the permitting to remain in a condition or manner, any stable, stall, shed, or apartment, or any yard or appurtenance, in which any animal(s) shall be kept, on any premises owned or controlled by any person, in which manure or liquid discharge of the animals shall be collected and accumulate:
(a) Which constitutes a breeding place for flies, mosquitoes, or other harmful or disease- carrying insects; or
(b) Which is producing foul, obnoxious, or other offensive odors or smells to persons living in the vicinity of the premises.
(2) Provided, that nothing in this division (F) shall be so construed as to include manure deposits upon private property for the purpose of cultivation or to be used as fertilizer so long as that fertilizer does not otherwise constitute a nuisance under this subchapter.
(G) (1) The act of keeping or maintaining of a pool, pond, water retention areas, or other accumulation of water upon any premises owned or controlled by any person:
(a) Which is unwholesome, impure, stagnant;
(b) Which constitutes a breeding place for flies, mosquitoes, or other harmful or disease- carrying insects; or
(c) Which produces or is capable of producing foul, obnoxious, or other offensive odors or smells to persons living in the vicinity of the premises.
(2) Nothing in this division (G) shall be construed as to require the removal, drainage, or cleaning of naturally occurring pools, ponds, water retention areas, and accumulation of water upon any premises owned or controlled by any person, unless same constitutes a nuisance under this subchapter.
(H) The act of failing or refusing by any owner, operator, agent, or driver of any truck, trailer, or other vehicle that is or has been used for the hauling of any livestock, animals, or fowls, which contains manure, excreta, or liquid discharge and which is parked in or on any highway, road, street, alley, lot, tract of land, or other premises, either public or private, to move that truck, trailer, or other vehicle, when notified by the city, to such a location as will not disturb the inhabitants of the city by the reason of the foul, obnoxious, or other offensive odor, gases, or fumes caused by the contents of the truck, trailer, or other vehicle;
(I) The act of failing or refusing to act by any person owning or controlling any premises to keep, maintain, and preserve the premises free and clear from all garbage, trash, discarded building materials, and other debris;
(J) The act of allowing paper, plastic, bottles, tires, discarded lumber, rocks, junk, or other trash or debris to accumulate or remain on any premises by a person owning or controlling the premises:
(1) In such a manner as to create a harborage or breeding place for rats, vermin, or insects;
(2) In such a manner as to be offensive or injurious to the public health; or
(3) In such a manner:
(a) As to be unpleasant and disagreeable in sight; or
(b) As to produce foul, obnoxious, or other offensive odors, gases, or fumes, to persons living in the vicinity of the premises, to persons who may be in a public place or public right-of-way, or to persons who file an official complaint with the city.
(K) The act of allowing or permitting on any premises owned or controlled by such person the emission of music, sound or other noise in a continuous, or for extended periods of time, in such a manner as to disturb persons living in the vicinity of the premises. It shall be presumed to be a violation of this subchapter if the continuous or extended periods of time produce sound or other noise at the property line of such property in excess of:
(1) Seventy-five decibels, between the hours of 6:00 a.m. to 11:00 p.m.
(2) Sixty-five decibels, between the hours of 11:00 p.m. and midnight.
(3) Fifty-five decibels, between the hours of midnight and 1:00 a.m.
(4) Forty-five decibels, between the hours of 1:00 a.m. and 6:00 a.m.
(L) The act of creating, maintaining, or allowing on premises owned by, or subject to a person’s control:
(1) The continuous, or for extended periods of time in such a manner as to disturb persons living in the vicinity of the premises, operation of motors, or the running or driving of motorized units, including, but not limited to, all-terrain vehicles of either 3 or 4 wheels, motorcycles, go-carts, golf carts, cars, trucks, or any other form of motorized or self-propelled vehicle. It shall be presumed to be a violation of this subchapter if those continuous or extended periods of operation, either with an individual motorized unit, or in the aggregate with other motorized units at the same time, produce a noise or sound at the property line of the property as follows: 75 decibels between the hours of 6:00 a.m. and 11:00 p.m., or 65 decibels between the hours of 11:00 p.m. and 6:00 a.m.;
(2) The act of operating a motorized unit(s) so as to produce dust, dirt, or other airborne particles, which individually or in the aggregate with other motorized units at the same time substantially interfere with the comfortable enjoyment of adjacent properties;
(3) The act of operating a motorized unit(s) described above, either individually or in the aggregate with other motorized units at the same time, so as to pollute the air at the property line with noxious or offensive odors, gases, smoke, or vapors, or which produce material discomfort and annoyance to those residing in the vicinity, or which injure their health or property; or
(4) Any combination of noise, dust, and pollution emanating from a property as the result of operation of 1 or more motorized units shall also constitute a nuisance if these factors are present on a continuous basis, or for extended periods of time, causing material discomfort and annoyance to those residing in the vicinity, or which injures their health or property.
(M) The ownership, operation, or existence of a track, path, motocross practice area, or other area which is designed for, or which is used by persons operating motorized units in a manner which results in a violation of division (L) of this section is prohibited;
(N) The act of allowing the accumulation of carrion, filth, or other impure or unwholesome matter of any kind on premises owned by, or subject to a person’s control;
(O) The act of allowing to exist on developed areas of premises owned by or subject to a person’s control, weeds which have grown to a height of more than 12 inches or which, regardless of height, have become an unwholesome or decaying mass or breeding place for mosquitoes, insects, or vermin;
(P) The act of allowing to exist on premises owned by or subject to a person’s control the accumulation of rubbish, or other unsightly, objectionable, or unsanitary matter;
(Q) All common and public nuisances defined by Tex. Civ. Prac. & Rem. Code, Chapter 125, within the authority and jurisdiction of the city and its Municipal Court are hereby adopted as regulated nuisances by the city, in accordance with that statute;
(R) Any and all elements of the offense of disorderly conduct within the authority and jurisdiction of the city and its Municipal Court pursuant to Tex. Penal Code, Chapter 42, are hereby adopted and prohibited by this subchapter; and
(S) The act, or the failure to act, resulting in an attractive nuisance on property owned or subject to a person’s control.
(T) The possessor and/or owner of property adjacent to a public roadway in the city shall keep the owner or possessor's property, and the property within the public right-of-way, or public easement, abutting the pavement and/or traveled portions of the public roadway, free and clear of high grass and weeds, and other objectionable, unsightly or unsanitary manner of whatever nature. Unsightly or unsanitary matter of whatever nature shall include, without limitation, grass, weeds, brush or other living material in excess of 12 inches in height. Property owners and possessors adjacent to public roadways shall also be responsible for removal of brush and other objectionable unsightly or unsanitary matter and shall be responsible for mowing of the grass in such Bar Ditches and the Parkway. It shall be unlawful for any owner or any occupant of any property within the city to suffer or permit limbs, brush, and other vegetation, existing above a public street to hang lower than 15 feet above the public street pavement, gravel, or other street surface. This provision shall not apply to city owned open space, parks, nature, or trail areas, nor shall it apply to those portions of property under active cultivation of crops.
(U) The failure to comply, without waiver, with all city drainage and storm water ordinances, rules, and regulations.
(Ord. 553, passed 1-20-2004; Am. Ord. 571, passed 6-28-2005; Am. Ord. 750, passed 7-11-2017; Am. Ord. 786, passed 11-19-2019) Penalty, see § 94.99