ORDINANCE NO. 2017-4-13A

AN ORDINANCE REGULATING THE BURNING OF WASTE AND OTHER ITEMS IN THE CITY LIMITS; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF PRIOR ORDINANCES IN CONFLICT HERE WITH.

BE IT ORDANINED BY THE CITY COUNCIL OF THE CITY OF RISING STAR:

SECTION 1.

 

No person shall knowingly ignite and burn or knowingly cause to be ignited and burned, or allow to be burned any paper, trash or miscellaneous waste of any kind upon any premises within the limits of the City of Rising Star.

 

SECTION 2. ENFORCEMENT

 

The civil and criminal provisions of this ordinance shall be enforced by the Chief of Police or his designee. It shall be a violation for anyone to interfere with the performance of the duties of the Police Department.

 

SECTION 3. PENALTIES

 

Any person violating any provisions of this ordinance shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than $50.00 or more than $2,000.00.  If the violation is continuing, each day shall be deemed a separate violation.

 

SECTION 4. CITATIONS

 

          a)  When any person is found in violation of any provision of the codes or ordinances adopted by the City of Rising Star or of the laws of the State

               of Texas, an agent or employee of the Police Department of the City of Rising star may issue a citation to such person which will require the

               person to appear in court within the time provided on the citation. The citation shall give the person at least ten (10) days to answer any

               charge of violation of any provision of the codes or ordinances adopted by the City.

          b)  Signing the citation shall only be a promise to appear and is not an admission of guilt

          c)  It shall be unlawful for any person upon being issued a citation, to give the City of Rising Star’s agent or employee a false name or address.

          d)  It shall be unlawful to fail to appear in Municipal Court within the time provided in the citation, provided the citation gave the person at least

               ten (10) days to answer any charge of violation of any provision of the codes or ordinances adopted by the city.

          e)  The following information shall be contained on the citation:

               1.  Name of the defendant;

               2.  Address if the defendant;

               3.  Driver’s License or other identification.

 

The following information may be included for informational purposes, but shall not nullify any promise to appear:

 

          a)  Date of Violation;

          b)  Place of Violation;

          c)  Offense charged; and

          d)  Name of person issuing citation.

 

Additional or other charges shall not be precluded by the issuance of this citation.

 

SECTION 5. PAYMENT OF FINE

 

The payment of a fine to the Municipal Court shall be deemed an acknowledgement of conviction of the alleged offense, and the Municipal Court, upon accepting the prescribed fine, shall issue a receipt to the violator acknowledging payment thereof.

 

SECTION 6. CONFLICTING ORDINANCES

 

All other Ordinances of the City of Rising Star that are in conflict with this Ordinance are hereby repealed to the extent of such conflict.

 

SECTION 7. EFFECTIVE DATE

 

This Ordinance shall be effective, after approval by the City Council, and being published once in a newspaper circulated in the City of Rising Star.

PASSED AND APPROVED THIS 13TH DAY OF APRIL, 2017.

Phil Mitchell, Mayor City of Rising Star