ordinance #15
DECLARING IT A MISDEMEANOR TO ALLOW AN ANIMAL TO RUN AT LARGE WITHIN THE CITY OF ROSCOE, TEXAS: PROVIDING FOR THE IMPOUNDING OF ANIMALS WHICH HAVE BITTEN A PERSON: PROVIDING A PENALTY AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROSCOE, THAT:
After the effective date of this ordinance it shall be unlawful for any person to allow his/her animal(s) to run at large within the corporate limits of the City of Roscoe. Provided that the term "run at large" bedefined as the permitting of an animal to go off the premises of its owner without being securely restrained and controlled by a leash.
BE IT FURTHER ORDAINED THAT whenever the City of Roscoe recieves information that an animal has bitten any person within the corporate limits of this city if shall be the duty of the City of Roscoe to seize the animal and cause it to be impounded for a period of then (10) days from the date of the notice of attack. The animal shall be observed during the impound period by a Veterinary Doctor for symptoms of rabies. If, at the end of ten (10) day period, it is verified that the animal does not have rabies then the animal shall be returned to its owner upon the owner's paying an amount equal to the actual expense of impounding the animal for obervation. If the owner refuses payment of expenses, then the animal shall be destroyed or sold at an amount equal to the impound fee.
BE IT FURTHER ORDAINED THAT the violation of any provision of this ordinance shall be deemed a middemeanor and any person adjucicated guilty of such violation shall be assessed a fine not to exceed ONE HUNDRED DOLLARS. The discovery of an animal running at large by an employee of the City of Roscoe shall be prima facie evidence of the intent of the owner to allow or permit such animal to run at large.
It being found by the City Council of the City of Roscoe that an emergency exists,and, further, that it is necessary for the immediate preservation of public health and safety that this ordinance take effect immediately, and emergency is hereby declared and this ordinance shall become effective as of its first reading and adoption.
READ, PASSED, AND ADOPTED THIS 13th DAY OF OCTOBER, 2009.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROSCOE, THAT:
After the effective date of this ordinance it shall be unlawful for any person to allow his/her animal(s) to run at large within the corporate limits of the City of Roscoe. Provided that the term "run at large" bedefined as the permitting of an animal to go off the premises of its owner without being securely restrained and controlled by a leash.
BE IT FURTHER ORDAINED THAT whenever the City of Roscoe recieves information that an animal has bitten any person within the corporate limits of this city if shall be the duty of the City of Roscoe to seize the animal and cause it to be impounded for a period of then (10) days from the date of the notice of attack. The animal shall be observed during the impound period by a Veterinary Doctor for symptoms of rabies. If, at the end of ten (10) day period, it is verified that the animal does not have rabies then the animal shall be returned to its owner upon the owner's paying an amount equal to the actual expense of impounding the animal for obervation. If the owner refuses payment of expenses, then the animal shall be destroyed or sold at an amount equal to the impound fee.
BE IT FURTHER ORDAINED THAT the violation of any provision of this ordinance shall be deemed a middemeanor and any person adjucicated guilty of such violation shall be assessed a fine not to exceed ONE HUNDRED DOLLARS. The discovery of an animal running at large by an employee of the City of Roscoe shall be prima facie evidence of the intent of the owner to allow or permit such animal to run at large.
It being found by the City Council of the City of Roscoe that an emergency exists,and, further, that it is necessary for the immediate preservation of public health and safety that this ordinance take effect immediately, and emergency is hereby declared and this ordinance shall become effective as of its first reading and adoption.
READ, PASSED, AND ADOPTED THIS 13th DAY OF OCTOBER, 2009.
ordinance #28
REPEALING AND SUPERCEDING A PRIOR ORDINANCE PROHIBITING THE KEEPING OF LIVESTOCK AND FOWL WITHIN THE CITY LIMITS OF THE CITY OF ROSCOE, TEXAS; DECLARING THE VIOLATION TO BE A MISDEMEANOR PROVIDING A PENALTY FOR VIOLATIONS THEREOF;
WHEREAS, by a certain ordinance passed and adopted by the City council of the City of Roscoe, Texas, on the 10th day of November, 1992 the City Council of the City of Roscoe, Texas, prohibited the keeping of livestock and fowl within the City limits and perscribed a penalty for the violation of such ordinance, and
WHEREAS, such ordinance, as is recorded on the official records of the City of Roscoe, Texas, is outdated and it is the intention of the City Council of said City to repeal such existing ordinance and adopt a new ordinance;
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Roscoe, Texas, that:
The ordinance passed on November 10, 1992 prohibiting the keeping of certain livestock within the City limits is hereby repealed. Be it further ordained by the City Council of the City of Roscoe, Texas, that the following ordinance is hereby adopted:
PROHIBITING THE KEEPING OF LIVESTOCK, SHEEP, GOATS,HORSES,PONIES,DONKEYS,BURROS,MULES,BOVINE,SWINE,EMU,OSTRICH,LLAMA,VENOMOUS SNAKE, AND FOWL WITHIN THE CITY LIMITS OF THE CITY OF ROSCOE, TEXAS; DECLARING THE VIOLATION TO BE A MISDEMEANOR; PROVIDING A PENALTY' PROVIDING THAT EACH DAY OF THE VIOLATION CONSTITUTES A SEPARATE OFFENSE; PROVIDING EXCEPTIONS TO SUCH ORDINANCE AND DECLARING AN EMERGENCY.
BE IT ORDAINED, by the City Council of the City of Roscoe, Texas, that after the effective date of this ordinance, it shall be unlawful for any person to keep, or permit the keeping of,LIVESTOCK, SHEEP, GOATS,HORSES,PONIES,DONKEYS,BURROS,MULES,BOVINE,SWINE,EMU,OSTRICH,LLAMA,VENOMOUS SNAKE, AND FOWL within the corporate limits of the City of Roscoe, Texas. A violation of this ordinance is declared to be a misdemeanor and shall be punishable by a fine not to exceed $200.00. Each day a violation of the provisions hereof shall constitute a separate offense.
BE IT FURTHER ORDAINED, that the location of an animal prohibited by this ordinance upon any real property of said city shall be prima facie evidence that such animal is being kept in violation of the ordinance by the person owning or having immediate control of the property where the prohibited animal is found.
BE IT FUTHER ORDAINED, that the Roscoe independent School District's FFA Property, livestock auction barns and facilities, commercial feeding yard and pens operated for the resting of livestock are specifically exempted from the provisions of this ordinance, but their exclusion from the effect hereof shall not operate to prevent such buisnesses to escape the restrictive effects of zoning ordinance now in effect in said city or which may hereafter by placed in effect in said city.
BE IT FURTHER ORDAINED that the keeping of equine, bovine, sheep, and goats, shall be permitted on any real property located within the corporate city limits of the City of Roscoe Texas, so long as said property exists South of Bandera, East of Orange street, West of loop 237, North of Broadway (between Broadway and the Railroad Tracks), and 300 feet North of Snyder Street.
it being found by the City Council that an emergency exists and that it is neccessary for the immediate preservation of public health and welfare that this ordinance take effect immediately, and emergency is hereby declared and this ordinance shall become effective at its first reading and adoption.
READ, PASSED, AND ADOPTED this 20th day of June, 2006
Amendment to ordinance #28
On July 13, 2010, Council passed an amendment to the livestock ordinance to this effect Ken Brawley moved to allow animals NOrth of Broadway beginning West of Cedar St, around to I-20 and classify Kim Alexander's Property to be a commercial agricultural operation; leave the remainder of the ordinance intact and be enforced, second by Robert McBride, all in favor, motion carried.
WHEREAS, by a certain ordinance passed and adopted by the City council of the City of Roscoe, Texas, on the 10th day of November, 1992 the City Council of the City of Roscoe, Texas, prohibited the keeping of livestock and fowl within the City limits and perscribed a penalty for the violation of such ordinance, and
WHEREAS, such ordinance, as is recorded on the official records of the City of Roscoe, Texas, is outdated and it is the intention of the City Council of said City to repeal such existing ordinance and adopt a new ordinance;
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Roscoe, Texas, that:
The ordinance passed on November 10, 1992 prohibiting the keeping of certain livestock within the City limits is hereby repealed. Be it further ordained by the City Council of the City of Roscoe, Texas, that the following ordinance is hereby adopted:
PROHIBITING THE KEEPING OF LIVESTOCK, SHEEP, GOATS,HORSES,PONIES,DONKEYS,BURROS,MULES,BOVINE,SWINE,EMU,OSTRICH,LLAMA,VENOMOUS SNAKE, AND FOWL WITHIN THE CITY LIMITS OF THE CITY OF ROSCOE, TEXAS; DECLARING THE VIOLATION TO BE A MISDEMEANOR; PROVIDING A PENALTY' PROVIDING THAT EACH DAY OF THE VIOLATION CONSTITUTES A SEPARATE OFFENSE; PROVIDING EXCEPTIONS TO SUCH ORDINANCE AND DECLARING AN EMERGENCY.
BE IT ORDAINED, by the City Council of the City of Roscoe, Texas, that after the effective date of this ordinance, it shall be unlawful for any person to keep, or permit the keeping of,LIVESTOCK, SHEEP, GOATS,HORSES,PONIES,DONKEYS,BURROS,MULES,BOVINE,SWINE,EMU,OSTRICH,LLAMA,VENOMOUS SNAKE, AND FOWL within the corporate limits of the City of Roscoe, Texas. A violation of this ordinance is declared to be a misdemeanor and shall be punishable by a fine not to exceed $200.00. Each day a violation of the provisions hereof shall constitute a separate offense.
BE IT FURTHER ORDAINED, that the location of an animal prohibited by this ordinance upon any real property of said city shall be prima facie evidence that such animal is being kept in violation of the ordinance by the person owning or having immediate control of the property where the prohibited animal is found.
BE IT FUTHER ORDAINED, that the Roscoe independent School District's FFA Property, livestock auction barns and facilities, commercial feeding yard and pens operated for the resting of livestock are specifically exempted from the provisions of this ordinance, but their exclusion from the effect hereof shall not operate to prevent such buisnesses to escape the restrictive effects of zoning ordinance now in effect in said city or which may hereafter by placed in effect in said city.
BE IT FURTHER ORDAINED that the keeping of equine, bovine, sheep, and goats, shall be permitted on any real property located within the corporate city limits of the City of Roscoe Texas, so long as said property exists South of Bandera, East of Orange street, West of loop 237, North of Broadway (between Broadway and the Railroad Tracks), and 300 feet North of Snyder Street.
it being found by the City Council that an emergency exists and that it is neccessary for the immediate preservation of public health and welfare that this ordinance take effect immediately, and emergency is hereby declared and this ordinance shall become effective at its first reading and adoption.
READ, PASSED, AND ADOPTED this 20th day of June, 2006
Amendment to ordinance #28
On July 13, 2010, Council passed an amendment to the livestock ordinance to this effect Ken Brawley moved to allow animals NOrth of Broadway beginning West of Cedar St, around to I-20 and classify Kim Alexander's Property to be a commercial agricultural operation; leave the remainder of the ordinance intact and be enforced, second by Robert McBride, all in favor, motion carried.
Ordinance #23
REGULATING AND CONTROLLING THE GROWTH OF WEEDS, GRASS AND OTHER RANK, POISONOUS OR HARMFUL, VEGETATION IN THE CITY OF ROSCOE, NOLAN COUNTY, TEXAS, REPEALING ALL PRIOR ORDINANCES IN CONFLICT THEREWITH, PROVIDING A PENALTY AND DECLARING AN EMERGENCY.
WHEREAS, it is in the interest of the health, safety and welfare of the citizens of the city of Roscoe that property within the city be kepty free and clear of overgrown and uncultivated vegetation: and
WHEREAS, the ordinance dated January 5, 1971, has become outdated and is in need of repeal and replacement: and
WHEREAS, the City Council of the City of Roscoe desires that the following ordinace shall be in full force and effect ot regulate and control the growth of weeds, grass and other rank or poisonous or harmful vegetation; and to provide a penalty for the violation of such Ordinance:
NOW, THEREFORE, be it ordained by the city council of the City of Roscoe, Nolan County, Texas, that the following Ordinance shall be in full force and effect regulating and controllling the growth of weeds, grass and other rank or poisonous or harmful vegetation, providina a penalty for the violation of such Ordinance.
NOW, THEREFORE BE IT ORDAINED by the city council of the City of Roscoe, Texas that the ordinance dated January 5, 1971, is hereby repealed and the following ordinance is adopted:
SECTION 1: It shall be unlawful for any person owning, having supervision or control of any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved within the limits of this City to suffer or permit grass, eeds, brush or other noxious vegetation that is uncultivated to grow to a height greater than twelve inches (12") on any such land.
SECTION 2: With respect to tracts or parcels of land five (5) acres or more in size, under single ownership, and used for the agricultural purposes of growing and harvesting vegetation for animal feed (hay) the provision of this Article shall not be applicable to the area in exess of one hundred feet (100') from any open public street or alley or to the area in excess of one hundred feet from any adjacent property under different ownership on which a business or dwelling structure is located, provided a permit is obtained from the City Manager prior to growth in excess of the normal twelve inc limit and provided such exempted area is cut and bailed a minimum of once each sixty 60 days. additionally, tracts of land or portions of such tracts which are devoted to commercial farming operations shall be exempt from the provisions of this ordinance.
SECTION 3: The owner, lessee or occupant, or person having supervision or control of any lot, tract, parcel of land or portion thereof, who cuts and removes or caused to be cut and removed, all such weeds, grass or other rank, poisonous or harmful vegetation at least once every three weeks betweeen May 15, and September 15 of each calendar year shall be deemed to in in compliance with this ordinance.
SECTION 4: When any violation of this ordinance is found to exist, the City Manager shall cause a notice to be sent by certified mail to the person owning or controlling the property to abate the violation and such notice shall contain the following:
(a). You are required to maintain your property so as to keep grass, brush, weeds and other vegetation which is uncultivated, at a height of less than twelve inches.
(b). Your failure to do so constitutes a violation of the ordinances of the City of Roscoe, Texas.
(c). You have ten days from the date of this notice to correct the violation or request a hearing in writing before the Judge of the Municipal court.
(d). A statement that if the violation is not corrected or no hearing request is rceived by the Municipal Court within the prescribed time, the City will enter upon the property and mow or have it mowed at thirty day intervals during such annual growing season and assess the costs incurred by the City in abating the violations, including administravive costs. against the owner and/or the property involved.
(e). If the address of the property owner or person in control of the property is unkown, then such notice may be given at least twice in a local daily newspaper of general circulation within ten consecutive days. after ten consecutive days, and if the property contains no buildings, then by posting the notice on a placard attached to a stake driven into the ground on the affected property to which the violation relates. or if the property has buildings, by posting the notice on or near the front door of each building on the property to which the violation relates. Upon the giving of notice, no further notice within a given cvalendar year shall be required pursuant to this ordinance.
(F). a statement that the abatement of any violation by the city shall be in additon to any puitive action taken by the city for violation of this Article, and that the city Enforcement Officer may cause a summons to be issued without additional notice.
(g). A statement that failure or refusal to comply with the provisions of this notice shall be punishable by a fine not to exceed two Hundred Dollars ($200.00) per day per violation for each day the violation(s) exist.
SECTION 5: If, after notification as required by this Ordinance, or after the hearing, if requested, andy person fails or refused to comply with the provisions of this Ordinance within the prescribed time established in the notice or by the Court, such failure or refusal shall constitute a mesdemeanor and upon conviction thereof shall be punishable by a fine not to exceed two hundred dollars ($200.00) per day, per violation, for each day the violation exists. In the event that the owner or person in control of such property fails to comply with the required notice to abate and the City enteres upon the property found in violation of this ordinance and mows or has such property mowed, then the expenses incident to such action taken by the city to correct or abate any condition comin under the provisions of this Ordinance, including a service charge established from time to time by the City Council to cover administrative costs, shall be assessed against the owners of all outstanding interest in the lot, tract or parcel of land involved. An itemised bill of such costs shall be mailed by the city secretary to each owner if such persons address is known, if the bill for the City's expenses in abating or correction any come under the provisions of this ordinance, including the administrative and penalty charges, shall remain unpaid for a period of thirty days after the date of mailing such bill, the city secretary shall file a statement of such bill and the reasons therefore with the county clerk. From the date of such filing, the city shall have a lien on the lot, tract or parcel upon which such expenses are incurred, second only to tax liens and liens for street improvements. The amount of such debt shall accumulate interest at the rate of ten percent (10%) per annum from the date on which payment was due. For any such debt and interest, suit may be instituted and recovery and foreclosure had in the name of the City.
SECTION 6: If any provision, section, subsection, sentence, clause or phrase of theis Ordinance. or the application of the same to any person or set of circumstances, is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this Ordinance or its application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion thereof or provisions or regulations contained therein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisons of this article are declared to be severable for that purpose.
It being ound by the City Council that it is in the best interest and welfare of the public that this Ordinance take effect immediately, an emergency is hereby declared and this ordinance shall become effective as of its firstr reading and adoption
READ, PASSED AND ADOPTED this the 9th day of March, 1993
WHEREAS, it is in the interest of the health, safety and welfare of the citizens of the city of Roscoe that property within the city be kepty free and clear of overgrown and uncultivated vegetation: and
WHEREAS, the ordinance dated January 5, 1971, has become outdated and is in need of repeal and replacement: and
WHEREAS, the City Council of the City of Roscoe desires that the following ordinace shall be in full force and effect ot regulate and control the growth of weeds, grass and other rank or poisonous or harmful vegetation; and to provide a penalty for the violation of such Ordinance:
NOW, THEREFORE, be it ordained by the city council of the City of Roscoe, Nolan County, Texas, that the following Ordinance shall be in full force and effect regulating and controllling the growth of weeds, grass and other rank or poisonous or harmful vegetation, providina a penalty for the violation of such Ordinance.
NOW, THEREFORE BE IT ORDAINED by the city council of the City of Roscoe, Texas that the ordinance dated January 5, 1971, is hereby repealed and the following ordinance is adopted:
SECTION 1: It shall be unlawful for any person owning, having supervision or control of any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved within the limits of this City to suffer or permit grass, eeds, brush or other noxious vegetation that is uncultivated to grow to a height greater than twelve inches (12") on any such land.
SECTION 2: With respect to tracts or parcels of land five (5) acres or more in size, under single ownership, and used for the agricultural purposes of growing and harvesting vegetation for animal feed (hay) the provision of this Article shall not be applicable to the area in exess of one hundred feet (100') from any open public street or alley or to the area in excess of one hundred feet from any adjacent property under different ownership on which a business or dwelling structure is located, provided a permit is obtained from the City Manager prior to growth in excess of the normal twelve inc limit and provided such exempted area is cut and bailed a minimum of once each sixty 60 days. additionally, tracts of land or portions of such tracts which are devoted to commercial farming operations shall be exempt from the provisions of this ordinance.
SECTION 3: The owner, lessee or occupant, or person having supervision or control of any lot, tract, parcel of land or portion thereof, who cuts and removes or caused to be cut and removed, all such weeds, grass or other rank, poisonous or harmful vegetation at least once every three weeks betweeen May 15, and September 15 of each calendar year shall be deemed to in in compliance with this ordinance.
SECTION 4: When any violation of this ordinance is found to exist, the City Manager shall cause a notice to be sent by certified mail to the person owning or controlling the property to abate the violation and such notice shall contain the following:
(a). You are required to maintain your property so as to keep grass, brush, weeds and other vegetation which is uncultivated, at a height of less than twelve inches.
(b). Your failure to do so constitutes a violation of the ordinances of the City of Roscoe, Texas.
(c). You have ten days from the date of this notice to correct the violation or request a hearing in writing before the Judge of the Municipal court.
(d). A statement that if the violation is not corrected or no hearing request is rceived by the Municipal Court within the prescribed time, the City will enter upon the property and mow or have it mowed at thirty day intervals during such annual growing season and assess the costs incurred by the City in abating the violations, including administravive costs. against the owner and/or the property involved.
(e). If the address of the property owner or person in control of the property is unkown, then such notice may be given at least twice in a local daily newspaper of general circulation within ten consecutive days. after ten consecutive days, and if the property contains no buildings, then by posting the notice on a placard attached to a stake driven into the ground on the affected property to which the violation relates. or if the property has buildings, by posting the notice on or near the front door of each building on the property to which the violation relates. Upon the giving of notice, no further notice within a given cvalendar year shall be required pursuant to this ordinance.
(F). a statement that the abatement of any violation by the city shall be in additon to any puitive action taken by the city for violation of this Article, and that the city Enforcement Officer may cause a summons to be issued without additional notice.
(g). A statement that failure or refusal to comply with the provisions of this notice shall be punishable by a fine not to exceed two Hundred Dollars ($200.00) per day per violation for each day the violation(s) exist.
SECTION 5: If, after notification as required by this Ordinance, or after the hearing, if requested, andy person fails or refused to comply with the provisions of this Ordinance within the prescribed time established in the notice or by the Court, such failure or refusal shall constitute a mesdemeanor and upon conviction thereof shall be punishable by a fine not to exceed two hundred dollars ($200.00) per day, per violation, for each day the violation exists. In the event that the owner or person in control of such property fails to comply with the required notice to abate and the City enteres upon the property found in violation of this ordinance and mows or has such property mowed, then the expenses incident to such action taken by the city to correct or abate any condition comin under the provisions of this Ordinance, including a service charge established from time to time by the City Council to cover administrative costs, shall be assessed against the owners of all outstanding interest in the lot, tract or parcel of land involved. An itemised bill of such costs shall be mailed by the city secretary to each owner if such persons address is known, if the bill for the City's expenses in abating or correction any come under the provisions of this ordinance, including the administrative and penalty charges, shall remain unpaid for a period of thirty days after the date of mailing such bill, the city secretary shall file a statement of such bill and the reasons therefore with the county clerk. From the date of such filing, the city shall have a lien on the lot, tract or parcel upon which such expenses are incurred, second only to tax liens and liens for street improvements. The amount of such debt shall accumulate interest at the rate of ten percent (10%) per annum from the date on which payment was due. For any such debt and interest, suit may be instituted and recovery and foreclosure had in the name of the City.
SECTION 6: If any provision, section, subsection, sentence, clause or phrase of theis Ordinance. or the application of the same to any person or set of circumstances, is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this Ordinance or its application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion thereof or provisions or regulations contained therein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisons of this article are declared to be severable for that purpose.
It being ound by the City Council that it is in the best interest and welfare of the public that this Ordinance take effect immediately, an emergency is hereby declared and this ordinance shall become effective as of its firstr reading and adoption
READ, PASSED AND ADOPTED this the 9th day of March, 1993
Ordinance #19
Be it Ordained by the City Council of the City of Roscoe Texas:
Section 1. It shall hereafter be unlawful for any person to fire off or discharge any gun, pistol, rifle or other firearm of any description within the corporate limits of the City of Roscoe, Texas.
Section 2. The preceding section shall not apply when such firing is done in the necessary and lawful protection of one's person, premises or property, unless such firing be recklessly or negligently done.
Section 3. It shall hereafter be unlawful for any person to shoot or discharge any air gun or air rifle of any subcription in, or on or across, or near to any public place, park, street or alley within the corporate limits of the city of Roscoe, Texas.
Section 4. any Person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not exceeding one hundred dollars ($100.00)
Passsed and approved this the 24th day of January, 1951.
Section 1. It shall hereafter be unlawful for any person to fire off or discharge any gun, pistol, rifle or other firearm of any description within the corporate limits of the City of Roscoe, Texas.
Section 2. The preceding section shall not apply when such firing is done in the necessary and lawful protection of one's person, premises or property, unless such firing be recklessly or negligently done.
Section 3. It shall hereafter be unlawful for any person to shoot or discharge any air gun or air rifle of any subcription in, or on or across, or near to any public place, park, street or alley within the corporate limits of the city of Roscoe, Texas.
Section 4. any Person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not exceeding one hundred dollars ($100.00)
Passsed and approved this the 24th day of January, 1951.
Ordinance #114
Be it ordained by the city of Roscoe Texas.
"Hud-Code Manufactured Home" Means a structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. The term does not include a recreation vehicle as that term is defined by C.F.R. Section 3282.8(g)
"Mobile Home" Means a structure that was constructed before June 15th 1976, transportable in one or more sections, which in the traveling mode, is eight body feet of more in width or forty body feet or more in length, or when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plubing, heating, air conditioning, and the electrical systems.
"Travel Trailer" means a portable vehicular unit mounted on wheels designed to provide temporary living quarters for recreational, camping or travel use, and of such size or weight as not to require special highway movement permits when drawn by a motorized vehicle, and with a living area of less that 220 sqft, excluding built in equipment (such as wardrobes, closets, kitchen units or fixtures) and bath and toilet rooms. Such units commonly described as travel trailers, campers, motor homes, converted buses or caravans or other similar units, whether they are self propelled pulled or can be hauled with a special permit, would be considered examples of travel trailers.
Other terms herein shall have the meanings defined in other ordinances of the City except where the context clearly requires otherwise.
2. Screened vents are required to be used with all skirting to allow for air circulation under mobile home.
Existing Manufactured homes.
This ordinance does not make unlawful any mobile home or manufactured home already in plae and complying with all laws when this ordinance becomes effective. However, after the effective date of this ordinance if any nonconforming mobile home or manufactured home is removed from its location, the City of Roscoe, Texas; and if it is a HUD code manufactured home all provisions of this ordinance shall apply. If after the effective date of this ordinance, if any nonconforming mobile home or manufactured home is sold, ownership is otherwise transferred or rented or leased to new occupants and is not moved from its location the mobile home or manufactured home must be brought up to the standards outlined in this ordinance for code manufactured homes for skirting and anchoring.
Travel Trailers.
A travel trailer to be used as temporary living quarter's incidental to and nessary for the construction or repair of a residence on property within the city limits of the City of Roscoe; Texas requires a temporary permit issued in writing from the City of Roscoe Texas. Temporary permits shall be valid for a period of six months and, provided that the exterior walls and roof of the residence have been completed and additional six monts upon request. During the permitted period all of the standards set forth by the city of Roscoe Texas for the disposal waste, sewage garbage and trash shall be followed as if the temporary living quarters were permanent.
If a travel trailer is to be used as a permanent residence it must be anchored and skirted in the same manner asif it were a HUD code manufactured home.
the provisions of this section shall not apply to a recreational vehicle or travel trailer which is being occupied temporairly by a person or persons visiting the city of Roscoe, Texas for a period of less than 90 days.
A violation of this ordinance shall be deemed a misdemeanor punishable by fine not to exceed one hundred dollars ($100.00). Each and every day of non compliance with this ordinance, after notice of such violation has been given to the woner of the HUD code manufactured home or the mobile home, shall be considered a sparate and distinct violation of this ordinance and shall be punishabe in the same manner.
"Hud-Code Manufactured Home" Means a structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. The term does not include a recreation vehicle as that term is defined by C.F.R. Section 3282.8(g)
"Mobile Home" Means a structure that was constructed before June 15th 1976, transportable in one or more sections, which in the traveling mode, is eight body feet of more in width or forty body feet or more in length, or when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plubing, heating, air conditioning, and the electrical systems.
"Travel Trailer" means a portable vehicular unit mounted on wheels designed to provide temporary living quarters for recreational, camping or travel use, and of such size or weight as not to require special highway movement permits when drawn by a motorized vehicle, and with a living area of less that 220 sqft, excluding built in equipment (such as wardrobes, closets, kitchen units or fixtures) and bath and toilet rooms. Such units commonly described as travel trailers, campers, motor homes, converted buses or caravans or other similar units, whether they are self propelled pulled or can be hauled with a special permit, would be considered examples of travel trailers.
Other terms herein shall have the meanings defined in other ordinances of the City except where the context clearly requires otherwise.
- Anchoring. Prior to connecting any HUD CODE MANUFACTURED HOME to the water, sewer and/or gas service of the City of Roscoe,Texas in accordance with the plumbing code of the city, said manufactured home shall be anchored in accordance with the manufacturer's installation instructions and anchored, as well as supported and blocked, in accordance with those standards for manufactured housing found in the administrative rules of the Texas Department of Licensing and Regulation, 16 Texas Administrative Code, Chapter 69, adopted Pursuant to the authority of Article 5221f, Texas Civil Statutes, and administered by the Texas Department of Housing and Community affairs.
- The following material (or its equivalent as approved by the appropriate city officials) is approved to be used for skirting;
- manufactured skirting with vent panels;
- corrugated steel sheets;
- aluminum sheets;
- galvanized steel sheets;
- plywood sheets, with a 3/8 inch thickness, rated for exterior use by the manufacturer;
- brick or concrete blocks.
2. Screened vents are required to be used with all skirting to allow for air circulation under mobile home.
Existing Manufactured homes.
This ordinance does not make unlawful any mobile home or manufactured home already in plae and complying with all laws when this ordinance becomes effective. However, after the effective date of this ordinance if any nonconforming mobile home or manufactured home is removed from its location, the City of Roscoe, Texas; and if it is a HUD code manufactured home all provisions of this ordinance shall apply. If after the effective date of this ordinance, if any nonconforming mobile home or manufactured home is sold, ownership is otherwise transferred or rented or leased to new occupants and is not moved from its location the mobile home or manufactured home must be brought up to the standards outlined in this ordinance for code manufactured homes for skirting and anchoring.
Travel Trailers.
A travel trailer to be used as temporary living quarter's incidental to and nessary for the construction or repair of a residence on property within the city limits of the City of Roscoe; Texas requires a temporary permit issued in writing from the City of Roscoe Texas. Temporary permits shall be valid for a period of six months and, provided that the exterior walls and roof of the residence have been completed and additional six monts upon request. During the permitted period all of the standards set forth by the city of Roscoe Texas for the disposal waste, sewage garbage and trash shall be followed as if the temporary living quarters were permanent.
If a travel trailer is to be used as a permanent residence it must be anchored and skirted in the same manner asif it were a HUD code manufactured home.
the provisions of this section shall not apply to a recreational vehicle or travel trailer which is being occupied temporairly by a person or persons visiting the city of Roscoe, Texas for a period of less than 90 days.
A violation of this ordinance shall be deemed a misdemeanor punishable by fine not to exceed one hundred dollars ($100.00). Each and every day of non compliance with this ordinance, after notice of such violation has been given to the woner of the HUD code manufactured home or the mobile home, shall be considered a sparate and distinct violation of this ordinance and shall be punishabe in the same manner.
Ordinance #88
Fireworks means a composition or device designed for entertainment to produce a visible or audible effect by combustion, explosion, deflagration, or detonation that complies with the construction, labeling and chemical composition requirements of the United States Consumer Product Safety Commission in 16 C.F.R. Part 1507 (1996), or the most recently adopted version of that rule.
Be It Ordained by the City Council of the City of Roscoe, Texas, that after the effective date of this ordinance, it shall be lawful for any person to discharge fireworks within the corporate city limits of the City of Roscoe Texas under the following special regulations:
It being found by the City Council that an emergency exists and that it is necessary for the immediate preservation of public safety and welfare that this ordinance takes effect immediately. An emergency is hereby declared and this ordinance shall become effective at its reading and adoption.
Read Passed and adopted this 13th day of October, 2009.
Be It Ordained by the City Council of the City of Roscoe, Texas, that after the effective date of this ordinance, it shall be lawful for any person to discharge fireworks within the corporate city limits of the City of Roscoe Texas under the following special regulations:
- fireworks may only be discharged on the 4th of July.
- Fireworks may only be discharged before the curfew of 10pm.
- Fireworks may only be discharged when there is no "burn ban" declared by the Nolan County Commissioner's Court.
- Fireworks may also be discharged at any time after obtaining a permit to do so from the City Manager's office.
It being found by the City Council that an emergency exists and that it is necessary for the immediate preservation of public safety and welfare that this ordinance takes effect immediately. An emergency is hereby declared and this ordinance shall become effective at its reading and adoption.
Read Passed and adopted this 13th day of October, 2009.
Arson Reward ordinance
Be it ordained by the city council of the city of Roscoe, Texas:
That the City of Roscoe, Texas, hereby offers a reward of two hundred and fifty dollars ($250.00) for the arrest and conviction of any person or persons found guilty of committing the crime of arson within the corporate limits f said city of Roscoe, Texas. This reward is a standing offer, and shall be paid out of the general fund of the city of Roscoe, Texas
And Whereas, it is necessary that this said ordinance be consumated at once to protect the interest of said City of Roscoe, Texas, all ordinances, charter provisions and laws requiring resolutions to be read more than one time, and at more than one meeting be suspended, which is accordingly hereby done, and this ordinance shall be in full force and effect immediately from and after its passage. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
The foregoing ordinance was approved and adopted on this the 7th day of December, 1965.
That the City of Roscoe, Texas, hereby offers a reward of two hundred and fifty dollars ($250.00) for the arrest and conviction of any person or persons found guilty of committing the crime of arson within the corporate limits f said city of Roscoe, Texas. This reward is a standing offer, and shall be paid out of the general fund of the city of Roscoe, Texas
And Whereas, it is necessary that this said ordinance be consumated at once to protect the interest of said City of Roscoe, Texas, all ordinances, charter provisions and laws requiring resolutions to be read more than one time, and at more than one meeting be suspended, which is accordingly hereby done, and this ordinance shall be in full force and effect immediately from and after its passage. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
The foregoing ordinance was approved and adopted on this the 7th day of December, 1965.
Ordinance 99
Whereas. it is in the interest of the health, welfare and safety of the Citizens of the City of Roscoe, that sidewalks be free of skating, roller blading, skate boarding, bicycle riding, and scootering in the downtown, public building, and business areas of the City of Roscoe within the City Limits.
Whereas, the City Council of the City of Roscoe desires that the following ordinance shall be in full force and effect to regulate and control unsafe practices and to provide a penalty for the violation of such Ordinance upon it's passing,
Now, Therefore, be it ordained by the City Council of the City of Roscoe, Nolan County, Texas, that the following Ordinance shall be in full force and effect regulating and controlling skating, Roller Blading, Skate Boarding, Bicycle Riding, and Scootering in the downtown, public building, and business areas of the City of Roscoe within the City Limits.
Section 1:
It shall be unlawful for any person to skate, Roller Blade, Skate Board, Bicycle, or Scooter on sidewalks in the downtown, public building, and business area of the City of Roscoe within the City Limits. Sidewalk areas are those areas consisting of improved surface material intednded primarily for pedestrian conveyance where the building structure front adjoins the improved surface to the street or parking area curb or boundary.
Section 2:
When a violation of this Ordinance occurs, it will be the responsibility of the City Law Enforcement officer to notify the offender of the violation by contact or citation once knowledge of the offense is obtained by observation or complaint.
Section 3:
A Violation of this Ordinance is a class C misdemeanor and Conviction by the Judge of the Municipal Court thereof is Punishable by a fine not to exceed Two Hundred Dollars ($200.00) per occurrence.
Section 4:
It being found by the City Council that it is in the best interest and welfare of the public that this Ordinance take effect immediately, and emergency is hereby declared and this Ordinance shall become effective as of its first reading and adoption.
Read, Passed and adopted this 14th day of August, 2008.
Whereas, the City Council of the City of Roscoe desires that the following ordinance shall be in full force and effect to regulate and control unsafe practices and to provide a penalty for the violation of such Ordinance upon it's passing,
Now, Therefore, be it ordained by the City Council of the City of Roscoe, Nolan County, Texas, that the following Ordinance shall be in full force and effect regulating and controlling skating, Roller Blading, Skate Boarding, Bicycle Riding, and Scootering in the downtown, public building, and business areas of the City of Roscoe within the City Limits.
Section 1:
It shall be unlawful for any person to skate, Roller Blade, Skate Board, Bicycle, or Scooter on sidewalks in the downtown, public building, and business area of the City of Roscoe within the City Limits. Sidewalk areas are those areas consisting of improved surface material intednded primarily for pedestrian conveyance where the building structure front adjoins the improved surface to the street or parking area curb or boundary.
Section 2:
When a violation of this Ordinance occurs, it will be the responsibility of the City Law Enforcement officer to notify the offender of the violation by contact or citation once knowledge of the offense is obtained by observation or complaint.
Section 3:
A Violation of this Ordinance is a class C misdemeanor and Conviction by the Judge of the Municipal Court thereof is Punishable by a fine not to exceed Two Hundred Dollars ($200.00) per occurrence.
Section 4:
It being found by the City Council that it is in the best interest and welfare of the public that this Ordinance take effect immediately, and emergency is hereby declared and this Ordinance shall become effective as of its first reading and adoption.
Read, Passed and adopted this 14th day of August, 2008.
Ordinance #52
Prohibiting Truck travel through the City of roscoe
Section 1:
Person: Every normal person, firm, co-partnershit, asociation, or corporation.
Commercial vehicle: all commercial vehicles whose origin or designation is other than the City of Roscoe.
Section 2:
It shall be unlawful for any person to operate any Commercial Vehicle, as defined in this ordinance, upon any street, boulevard, avenue, or alley within the city limits of the City of Roscoe, except on a designated U.S. State Highway.
Section 3:
It shall be unlawful for any person to operate any Commercial vehicle, as defined in this ordinance, upon any street, boulevard, avenue, or alley within the city limits of the City of Roscoe, except on a designated U.S. or State Highway.
Such commercial vehicles may leave any designated U.S. or state highway and travel on any street, boulevard, avenue, or alley within the City of Roscoe for the purpose of delivering or picking up goods, ares, materials, and or merchandise or returning to its established place of business.
When such Commercial vehicles, as defined in this ordinance, enters a street, boulevard, avenue, or alley for the purposes granted in this ordinance, such other commercial vehicle shall enter such street, boulevard, avenue, or alley at the intersection nearest the point of pick up or delivery or its established place of business.
Section 4:
Every U.S. and state highway within the limits of the City of Roscoe is hereby designated as truck routes under the terms of this ordinance, and the city Administrator is hereby authorized, upon the passage of this ordinance, to erect signs giving notice of the through truck routes within the city of Roscoe.
Section 5:
The prohibition contained in this ordinance shall also not apply to any emergency vehicles operating in the response to an emergency or to vehicles operated by a public utility or public service company.
Section 6:
It shall be unlawful for any person to operate or park any Commercial vehicle upon any private property belonging to any other person, without the consent of the owner of such private property, or his duly authorised agent, having the lawful possession or control of such property provided, however, that this prohibition shall not apply to all street parking facillites maintained by business establishments, unless the owner of such property posts and maintains a conspicuous sign thereon with the words "private Parking' or "No Parking" "Reserved for Customers" or other words of a similar nature clearly showing the intention of such owner not to permit parking exept with his/her consent.
It shall be unlawful for any person to intetionally remove, injure or deface any sign posted in compliance with this section, without the consent of the woner of such signs, or his duly authorised agent.
Section 7.
Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall park a commercial vehivle within or upon the streets of the city of Roscoe, Texas, except temporarily for the purpose of and while actually engaged in loading and unloading goods wares, merchandise, property,passengers.
Section 8.
Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction, shall be fined in any amount not exceeding $200.00. Each transaction in violation of this ordinance shall be deemed a sparate offense.
Section 9.
The city secretary is authorised and directed after the passage of this ordinance, to have same available for the public on record at City Hall.
Section 10
It is hereby declared to be the intention of the city Council that the sections, paragraphs sentences, clauses, and phrases of this ordinance are separable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional or invalid by the valid judgement or ecree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance since the same would have been enacted by the City Council without the incorporation in this ordinance of the unconstitutional or incalid phrases,, clauses, sentences, paragraphs or sections.
Section 11.
The city council in and for the city of Roscoe, Texas declares that a public emergency exists and hereby declares, that this ordinance shall be in full force and effect from and after the date of passage as provided by law, and it is so ordained,
Passed and approved this 10th day of January, 2008
Person: Every normal person, firm, co-partnershit, asociation, or corporation.
Commercial vehicle: all commercial vehicles whose origin or designation is other than the City of Roscoe.
Section 2:
It shall be unlawful for any person to operate any Commercial Vehicle, as defined in this ordinance, upon any street, boulevard, avenue, or alley within the city limits of the City of Roscoe, except on a designated U.S. State Highway.
Section 3:
It shall be unlawful for any person to operate any Commercial vehicle, as defined in this ordinance, upon any street, boulevard, avenue, or alley within the city limits of the City of Roscoe, except on a designated U.S. or State Highway.
Such commercial vehicles may leave any designated U.S. or state highway and travel on any street, boulevard, avenue, or alley within the City of Roscoe for the purpose of delivering or picking up goods, ares, materials, and or merchandise or returning to its established place of business.
When such Commercial vehicles, as defined in this ordinance, enters a street, boulevard, avenue, or alley for the purposes granted in this ordinance, such other commercial vehicle shall enter such street, boulevard, avenue, or alley at the intersection nearest the point of pick up or delivery or its established place of business.
Section 4:
Every U.S. and state highway within the limits of the City of Roscoe is hereby designated as truck routes under the terms of this ordinance, and the city Administrator is hereby authorized, upon the passage of this ordinance, to erect signs giving notice of the through truck routes within the city of Roscoe.
Section 5:
The prohibition contained in this ordinance shall also not apply to any emergency vehicles operating in the response to an emergency or to vehicles operated by a public utility or public service company.
Section 6:
It shall be unlawful for any person to operate or park any Commercial vehicle upon any private property belonging to any other person, without the consent of the owner of such private property, or his duly authorised agent, having the lawful possession or control of such property provided, however, that this prohibition shall not apply to all street parking facillites maintained by business establishments, unless the owner of such property posts and maintains a conspicuous sign thereon with the words "private Parking' or "No Parking" "Reserved for Customers" or other words of a similar nature clearly showing the intention of such owner not to permit parking exept with his/her consent.
It shall be unlawful for any person to intetionally remove, injure or deface any sign posted in compliance with this section, without the consent of the woner of such signs, or his duly authorised agent.
Section 7.
Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall park a commercial vehivle within or upon the streets of the city of Roscoe, Texas, except temporarily for the purpose of and while actually engaged in loading and unloading goods wares, merchandise, property,passengers.
Section 8.
Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction, shall be fined in any amount not exceeding $200.00. Each transaction in violation of this ordinance shall be deemed a sparate offense.
Section 9.
The city secretary is authorised and directed after the passage of this ordinance, to have same available for the public on record at City Hall.
Section 10
It is hereby declared to be the intention of the city Council that the sections, paragraphs sentences, clauses, and phrases of this ordinance are separable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional or invalid by the valid judgement or ecree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance since the same would have been enacted by the City Council without the incorporation in this ordinance of the unconstitutional or incalid phrases,, clauses, sentences, paragraphs or sections.
Section 11.
The city council in and for the city of Roscoe, Texas declares that a public emergency exists and hereby declares, that this ordinance shall be in full force and effect from and after the date of passage as provided by law, and it is so ordained,
Passed and approved this 10th day of January, 2008
ordinance #82
garbage and trash
Whereas, by a certain ordinance passed and adopted by the City Council of the city of Roscoe, Texas, on the 12th day of October, 2004 the city council of the city of Roscoe, Texas, adopted an ordinance regulating the accumulation and unlawful disposal of garbage and trash and prescribed a penalty for the violation of such ordinance, and
Whereas, such ordinance, as is recorded on the official records of the city of Roscoe, Texas, is outdated and it is the intention of the City Council of said City to repeal such existing and adopt a new ordinance;
The ordinance passed on October 12, 2004 regulating the accumulation and unlawful disposal of garbage and trash is hereby repealed. Be it further ordained by the City Council of the City of Roscoe, Texas, that the following ordinance is hereby adopted.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROSCOE TEXAS:
Section 1: Definitions
For the purposes of this ordinance the following words and phrases shall have the meanings ascribed to them herein:
Brush shall mean the cuttings or trimmings from trees, shrubs, lawns, and similar materials.
COMPOST: shall mean the stabilized product of the decomposition process that is used or sold for use as a soil amendment, artificial top soil, growing medium amendment or other similar uses.
COMPOSTING: Shall mean the controlled biological decomposition of organic materials through microbial activity.
GARBAGE: shall mean municipal solid wast consisting of putresible animal and vegetabe waste, materials resulting from the handling, preparation, cooking and consumption of food, including waste materials from markets, storage facilities, handling and sales of produce and other food products.
PUTRESCIBLE WASTE: Shall mean solid wastes which are capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisance from odors or gases and capable of providing food for or attracting birds and disease vectors.
RECYCLABLE MATERIAL: shall mean a material that has been diverted from the nonhazardous waste stream for purposes of reuse, recycling, or reclamation, a substantial portion of which is consistently used in the manufacture of products that may otherwise be produced using raw or virgin materials. Recyclable material is not solid waste. Howeve, recyclable material may become solid waste at such time, if any, as it is abandoned or disposed of rather than recycled, whereupon it will be solid waste with respect only to the party actually abandoning or disposing of the material.
RECYCLING: Shall mean a process by which materials that have served their intended use or are scrapped, discarded, used, surplus, or obsolete are collected, separated, or processed and returned for us in the form of raw materials in the production of new products. Except for mixed municipal solid waste composting, that is, composition of the typical mixed solid waste stream generated by residential, commercial, and/or institutional sources, recycling includes the composting process if the compost material is put to beneficial use.
TRASH OR RUBBISH: Shall mean nonputrescible solid waste, excluding ashes, consisting of both combustible and noncombustible waste materials. Combustible trash or rubbish includes paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves and similar materials. Noncombustible trash or rubbish includes glass, crockery, tin cans, aluminum cans, metals and the like material which will not burn at incinerator temperatures of between sixteen hundred degrees and eighteen hundred degrees Fahrenheit.
VECTOR: Shall mean rodents, flies, and mosquitoes capable of transmitting disease.
Section 2 Scope
The provision of this ordinance shall apply to the City and all other areas receiving garbage or refuse collection services from the city.
If garbage receptacles and or refuse dumpsters are provided to residences by the City there shall be one receptacle per residence. Each residence is to use only the garbage receptacle supplied by the City. It shall be unlawful to have a home made type trash container for use as a garbage receptacle.
Section 4 Placement for Collection
(a) Garbage. It shall be the duty of every person occupying or in possession of any dwelling place in the City of Roscoe which is a private residence and for which individual garbage bags are required under this chapter, to place the garbage bags, tightly tied at the top, inside the garbage receptacles at the street curb in front of the premises from which it is to be collected and removed, no later than 7am on the designated pick up day for their residence. It shall then be the responsibility of the person occupying or in possession of any dwelling place in the City of Roscoe to remove the garbage receptacle from the curbside and move said receptacle toward the residence away from the road and preferable out of view if at all possible.
(b) BRUSH. Brush shall be cut in three foot lengths or less and bundled by twine or string.
SECTION 5 TRASH FROM BUILDING OPERATIONS
Scrap building materials, or other trash from construction or major remodeling projects, resulting from a general cleanup of vacant or improved property just prior to its occupancy, or resulting from sizable amounts of trees, brush and debris cleared in preparation for construction will not be removed by the city as a regular service, but may be done for the owner upon payment of an extra charge to be negotiated with the city of Roscoe's Director of Public Works. Of course, the owner at their option, may have such trash removed at their expense by private haulers.
SECTION 6 INDUSTRIAL WASTE
All industrial waste, resulting from manufacturing operations, must be disposed of by the owner or ccupant of the building or premisis where such industrial wastes originate.
SECTION 7 PROHIBITED ACCUMULATIONS OF WASTE MATTER
(A) It shall be unlawful for any person to deposit any garbage, brush, loose waste, or refuse on public or private property outside of any building in the City, unless the same has been depositied in accordance with the provision of this ordinance.
(b) THe following acts are declared to be unlawful but such enumeration shall not be deemed to exclusive:
(1) TO deposit lawn or hedge trimmings, cuttings or other vegetation on any private property or in any gutter,street, sidewalk, parkway, driveway, curb, alley, or any other public property of the city.
(2) To deposit any garbage, refuse, animal, or vegetation waste matter in any gutter, street, sidewalk, parkway, driveway, curb, alley, or any other public property of the City.
(3). To permit to be or remain in or upon any private or public property, any animal, vegetable or mineral matter of any composition or residue thereof, which causes an unsanitary condition or is injurious to the public health. After any of the avove substances have remained upon any premises for more than seven days, it will be presumed that same is unsanitary condition and injurious to the public health.
(4) To deposit garbage or trash in a trash receptacle beloning to or under the control of another individual, firm or corporation.
(5) To dispose of garbage or trash in any manner deemed to be a violation of the state of Texas health and safety code and or the state of Texas penal code.
Section 8 MEDDLING WITH GARBAGE CONTAINERS.
It shall be unlawful for any person to meddle with any garbage container or trash receptacle or to scatter the contents thereof, unless the container or receptacle is owned or controlled by such person, or unless such person is an authorised collector of the contents defined in this ordinance.
Section 9 Burning and incineration
(a) It shall be unlawful for any person to burn, within the city, any garbage, trash, brush, or other waste material unless the burning is performed in a incinerator constructed to that purpose and upon approval from the City.
(b) The provisions of this subsection shall not prevent the burning of grass or weeds or other matter under the supervision of the fire marshall in accordance with this ordinance.
Section 10 Burial
No garbage, trash, brush, or other waste material shall be buried on any premises within the City.
Section 11 Penalty
Be it Further Ordained that the violation of any provision of this ordinance shall be deemed a misdemeanor and shall be punishable by a fine not to exceeed $250.00.
(a) The billing and collecting of the charges levied under this article shall be done by the city water department. All charges shall be payable at city hall in the same manner as other services are billed and collected by the water department.
(b) Rates for collection of garbage and refuse by the city shall be established from time to time by the city council.
(c) The director pf public Works shall have the authority to negotiate and establish appropriate rates in situations not explicitly addressed by the city council. Charges established by the Director of public works shall be based upon the cost of services rendered.
Section 13 ENFORCEMENT.
(a) Upon the discovery of a reported or an alleged violation of this ordinance, it shall be the duty of the City police or the Director of Public Works to give written notification of the nature of the violation to the property owner, or to those persons in control and posession of the property. This written notification shall state a date of inspection to verify said violation and date of re inspection granting sufficient time for the property owner or the persons in control and possession of the property ample time to correct the violation. A period of at least ten days shall be deemed to be a reasonable time to eliminate the nuisance or violation.
(b) Upon re inspection of the premises, if the nuisance has not been eliminated, it shall be the duty of the City Police or the Director of public works to remove or correct the nuisance at the expense of the property owner or those persons in control and posession of the property.
Be it further ordained that the immediate passage of this act is declared to be essential to the public welfare of the city of Roscoe, Nolan County Texas and this ordinance shall be effective after its passage at a single regular meeting of the City Council of said city.
Whereas, such ordinance, as is recorded on the official records of the city of Roscoe, Texas, is outdated and it is the intention of the City Council of said City to repeal such existing and adopt a new ordinance;
The ordinance passed on October 12, 2004 regulating the accumulation and unlawful disposal of garbage and trash is hereby repealed. Be it further ordained by the City Council of the City of Roscoe, Texas, that the following ordinance is hereby adopted.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROSCOE TEXAS:
Section 1: Definitions
For the purposes of this ordinance the following words and phrases shall have the meanings ascribed to them herein:
Brush shall mean the cuttings or trimmings from trees, shrubs, lawns, and similar materials.
COMPOST: shall mean the stabilized product of the decomposition process that is used or sold for use as a soil amendment, artificial top soil, growing medium amendment or other similar uses.
COMPOSTING: Shall mean the controlled biological decomposition of organic materials through microbial activity.
GARBAGE: shall mean municipal solid wast consisting of putresible animal and vegetabe waste, materials resulting from the handling, preparation, cooking and consumption of food, including waste materials from markets, storage facilities, handling and sales of produce and other food products.
PUTRESCIBLE WASTE: Shall mean solid wastes which are capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisance from odors or gases and capable of providing food for or attracting birds and disease vectors.
RECYCLABLE MATERIAL: shall mean a material that has been diverted from the nonhazardous waste stream for purposes of reuse, recycling, or reclamation, a substantial portion of which is consistently used in the manufacture of products that may otherwise be produced using raw or virgin materials. Recyclable material is not solid waste. Howeve, recyclable material may become solid waste at such time, if any, as it is abandoned or disposed of rather than recycled, whereupon it will be solid waste with respect only to the party actually abandoning or disposing of the material.
RECYCLING: Shall mean a process by which materials that have served their intended use or are scrapped, discarded, used, surplus, or obsolete are collected, separated, or processed and returned for us in the form of raw materials in the production of new products. Except for mixed municipal solid waste composting, that is, composition of the typical mixed solid waste stream generated by residential, commercial, and/or institutional sources, recycling includes the composting process if the compost material is put to beneficial use.
TRASH OR RUBBISH: Shall mean nonputrescible solid waste, excluding ashes, consisting of both combustible and noncombustible waste materials. Combustible trash or rubbish includes paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves and similar materials. Noncombustible trash or rubbish includes glass, crockery, tin cans, aluminum cans, metals and the like material which will not burn at incinerator temperatures of between sixteen hundred degrees and eighteen hundred degrees Fahrenheit.
VECTOR: Shall mean rodents, flies, and mosquitoes capable of transmitting disease.
Section 2 Scope
The provision of this ordinance shall apply to the City and all other areas receiving garbage or refuse collection services from the city.
If garbage receptacles and or refuse dumpsters are provided to residences by the City there shall be one receptacle per residence. Each residence is to use only the garbage receptacle supplied by the City. It shall be unlawful to have a home made type trash container for use as a garbage receptacle.
Section 4 Placement for Collection
(a) Garbage. It shall be the duty of every person occupying or in possession of any dwelling place in the City of Roscoe which is a private residence and for which individual garbage bags are required under this chapter, to place the garbage bags, tightly tied at the top, inside the garbage receptacles at the street curb in front of the premises from which it is to be collected and removed, no later than 7am on the designated pick up day for their residence. It shall then be the responsibility of the person occupying or in possession of any dwelling place in the City of Roscoe to remove the garbage receptacle from the curbside and move said receptacle toward the residence away from the road and preferable out of view if at all possible.
(b) BRUSH. Brush shall be cut in three foot lengths or less and bundled by twine or string.
SECTION 5 TRASH FROM BUILDING OPERATIONS
Scrap building materials, or other trash from construction or major remodeling projects, resulting from a general cleanup of vacant or improved property just prior to its occupancy, or resulting from sizable amounts of trees, brush and debris cleared in preparation for construction will not be removed by the city as a regular service, but may be done for the owner upon payment of an extra charge to be negotiated with the city of Roscoe's Director of Public Works. Of course, the owner at their option, may have such trash removed at their expense by private haulers.
SECTION 6 INDUSTRIAL WASTE
All industrial waste, resulting from manufacturing operations, must be disposed of by the owner or ccupant of the building or premisis where such industrial wastes originate.
SECTION 7 PROHIBITED ACCUMULATIONS OF WASTE MATTER
(A) It shall be unlawful for any person to deposit any garbage, brush, loose waste, or refuse on public or private property outside of any building in the City, unless the same has been depositied in accordance with the provision of this ordinance.
(b) THe following acts are declared to be unlawful but such enumeration shall not be deemed to exclusive:
(1) TO deposit lawn or hedge trimmings, cuttings or other vegetation on any private property or in any gutter,street, sidewalk, parkway, driveway, curb, alley, or any other public property of the city.
(2) To deposit any garbage, refuse, animal, or vegetation waste matter in any gutter, street, sidewalk, parkway, driveway, curb, alley, or any other public property of the City.
(3). To permit to be or remain in or upon any private or public property, any animal, vegetable or mineral matter of any composition or residue thereof, which causes an unsanitary condition or is injurious to the public health. After any of the avove substances have remained upon any premises for more than seven days, it will be presumed that same is unsanitary condition and injurious to the public health.
(4) To deposit garbage or trash in a trash receptacle beloning to or under the control of another individual, firm or corporation.
(5) To dispose of garbage or trash in any manner deemed to be a violation of the state of Texas health and safety code and or the state of Texas penal code.
Section 8 MEDDLING WITH GARBAGE CONTAINERS.
It shall be unlawful for any person to meddle with any garbage container or trash receptacle or to scatter the contents thereof, unless the container or receptacle is owned or controlled by such person, or unless such person is an authorised collector of the contents defined in this ordinance.
Section 9 Burning and incineration
(a) It shall be unlawful for any person to burn, within the city, any garbage, trash, brush, or other waste material unless the burning is performed in a incinerator constructed to that purpose and upon approval from the City.
(b) The provisions of this subsection shall not prevent the burning of grass or weeds or other matter under the supervision of the fire marshall in accordance with this ordinance.
Section 10 Burial
No garbage, trash, brush, or other waste material shall be buried on any premises within the City.
Section 11 Penalty
Be it Further Ordained that the violation of any provision of this ordinance shall be deemed a misdemeanor and shall be punishable by a fine not to exceeed $250.00.
(a) The billing and collecting of the charges levied under this article shall be done by the city water department. All charges shall be payable at city hall in the same manner as other services are billed and collected by the water department.
(b) Rates for collection of garbage and refuse by the city shall be established from time to time by the city council.
(c) The director pf public Works shall have the authority to negotiate and establish appropriate rates in situations not explicitly addressed by the city council. Charges established by the Director of public works shall be based upon the cost of services rendered.
Section 13 ENFORCEMENT.
(a) Upon the discovery of a reported or an alleged violation of this ordinance, it shall be the duty of the City police or the Director of Public Works to give written notification of the nature of the violation to the property owner, or to those persons in control and posession of the property. This written notification shall state a date of inspection to verify said violation and date of re inspection granting sufficient time for the property owner or the persons in control and possession of the property ample time to correct the violation. A period of at least ten days shall be deemed to be a reasonable time to eliminate the nuisance or violation.
(b) Upon re inspection of the premises, if the nuisance has not been eliminated, it shall be the duty of the City Police or the Director of public works to remove or correct the nuisance at the expense of the property owner or those persons in control and posession of the property.
Be it further ordained that the immediate passage of this act is declared to be essential to the public welfare of the city of Roscoe, Nolan County Texas and this ordinance shall be effective after its passage at a single regular meeting of the City Council of said city.
Illegally parked Vehichles or junk vehicles
Where as by a certain ordinance passed an adopted by the city council of the city of Roscoe, Texas, on the 9th day of October, 1979 declared the keeping of certain motor vehicles on private property to be a public nusance and unlawful and prescribed a penalty for the violation of such ordinance, and
Whereas, such ordinance, as it is recorded on the official records of the City of Rocoe, Texas is outdated and it is the intention of the City council of said city to repeal such existing ordinance and adopt a new ordinance Now, Therefore be it ordained by the city council of the city of Roscoe, Texas is here by adopted:
Ordinance #31
Be It ordained by the City council of the city of Roscoe, Texas that on and after the effective date of this ordinance, it shall be unlawful for any person, firm, or corporation to allow andy unlicensed, uninspected, or junk motor vehicle or any unlicensensed trailer owned by said person, firm, or corporation, or under the control of said person, firm, or corporation, to be parked or remain standing or unattended upon any tract of land owned by such person, firm, or corporation, or under the control or supervision of any person, firm, or corporation. The permitting of such parking is hereby declared to be a hazard to public safety and further declared to be a public nuisance and unlawful.
The term "unlicensed motor vehicle" as used in this ordinance shall include any motor vehicle required by the State of Texas to be licensed by said stated and which motor vehicle does not display a motor vehicle license registration sticker for the current year.
THe term "unispected motor vehicle" as used in this ordinance shall include any motor vehicle required by the State of Texas to be inspected by said state and which motor vehicle does not display a motor vehicle inspection sticker for the current year.
The term "junk vehicle" as used in this ordinance shall include any motor vehicle which is inoperative and which does not have lawfully affixed thereto both and unexpired license registration sticker and a valid motor vehicle safety inspection sticker or which is wrecked, dismantled, partially dismantled or discarded.
The term "unlicensed trailer" as used in this ordinance shall include any trailer which is operative or inoperative which does not have a lawfully affixed thereto a valid license plate and a current valid license plate sticker.
Upon the discovery of any motor vehicle parked or standing in violation of this ordinance, it shall by the duty of the city police or the city administrator of the city of Roscoe, to give written notification of the nature of the violationto the owner of the property, or to those persons in control and possession of the property, stating the nature of the violation, and further stating on which date a reinspection shall be made to determine if the violation has been eliminated. No reinspection shall be made until the person responsible for the violation under the provision of this ordinance has been given a reasonable time to eliminate the violation. A period of 10 days shall be deemed to be a reasonable time for the elimination of the nuisance.
Upon the reinspection of the premises, if the nuisance has not been eliminated, it shall be the duty of the City police or the city administrator to remove the vehicle and to impound the same. The owner of such vehicle may recover possession thereof by demonstrating satisfactory evidence of the ownership of the vehicle may recover possession of the vehicle, paying all expenses of owning and impunding and paying any fine that may be levied as a result of conviction for a violation of the terms and provisions hereof.
Be it further ordained that the violation of any provision of this ordinance shall be deemed a misdemeanor and shall be punishable by a fine nto to exceed $200.00. Be it further ordained that each day of the violation constitutesx a separate offence.
It being found by the city council that an emergency exists and that it is necessary for the immediate preservation of public healt and welfare that this ordinance take effect immediately, and emergencey is hereby declared and this ordinance shall become effective at the first reading and adoption.
Whereas, such ordinance, as it is recorded on the official records of the City of Rocoe, Texas is outdated and it is the intention of the City council of said city to repeal such existing ordinance and adopt a new ordinance Now, Therefore be it ordained by the city council of the city of Roscoe, Texas is here by adopted:
Ordinance #31
Be It ordained by the City council of the city of Roscoe, Texas that on and after the effective date of this ordinance, it shall be unlawful for any person, firm, or corporation to allow andy unlicensed, uninspected, or junk motor vehicle or any unlicensensed trailer owned by said person, firm, or corporation, or under the control of said person, firm, or corporation, to be parked or remain standing or unattended upon any tract of land owned by such person, firm, or corporation, or under the control or supervision of any person, firm, or corporation. The permitting of such parking is hereby declared to be a hazard to public safety and further declared to be a public nuisance and unlawful.
The term "unlicensed motor vehicle" as used in this ordinance shall include any motor vehicle required by the State of Texas to be licensed by said stated and which motor vehicle does not display a motor vehicle license registration sticker for the current year.
THe term "unispected motor vehicle" as used in this ordinance shall include any motor vehicle required by the State of Texas to be inspected by said state and which motor vehicle does not display a motor vehicle inspection sticker for the current year.
The term "junk vehicle" as used in this ordinance shall include any motor vehicle which is inoperative and which does not have lawfully affixed thereto both and unexpired license registration sticker and a valid motor vehicle safety inspection sticker or which is wrecked, dismantled, partially dismantled or discarded.
The term "unlicensed trailer" as used in this ordinance shall include any trailer which is operative or inoperative which does not have a lawfully affixed thereto a valid license plate and a current valid license plate sticker.
Upon the discovery of any motor vehicle parked or standing in violation of this ordinance, it shall by the duty of the city police or the city administrator of the city of Roscoe, to give written notification of the nature of the violationto the owner of the property, or to those persons in control and possession of the property, stating the nature of the violation, and further stating on which date a reinspection shall be made to determine if the violation has been eliminated. No reinspection shall be made until the person responsible for the violation under the provision of this ordinance has been given a reasonable time to eliminate the violation. A period of 10 days shall be deemed to be a reasonable time for the elimination of the nuisance.
Upon the reinspection of the premises, if the nuisance has not been eliminated, it shall be the duty of the City police or the city administrator to remove the vehicle and to impound the same. The owner of such vehicle may recover possession thereof by demonstrating satisfactory evidence of the ownership of the vehicle may recover possession of the vehicle, paying all expenses of owning and impunding and paying any fine that may be levied as a result of conviction for a violation of the terms and provisions hereof.
Be it further ordained that the violation of any provision of this ordinance shall be deemed a misdemeanor and shall be punishable by a fine nto to exceed $200.00. Be it further ordained that each day of the violation constitutesx a separate offence.
It being found by the city council that an emergency exists and that it is necessary for the immediate preservation of public healt and welfare that this ordinance take effect immediately, and emergencey is hereby declared and this ordinance shall become effective at the first reading and adoption.
ordinance #110
Smoking, possession and sale of Salvia Divinorum or other similar substances. Also the sale and possession of instuments used to consume said substance.
Whereas, Certain substances are sold under various names including but not limited to "Salvia Divinorum" "Salvinorin AN" "Spice". "Genie", "Zohai" "Sage", "K2" and "KG Knock Out 2" and are likely to contain chemical compounds or otherwise cause effects similar to marjiuana or hallucinogens and may cause harmful effects by their use and further, the long term effects are not yet known; and
Whereas, to the best of the City Councilors' knowledge, the substances are not yet categorized as illegal controlled substances under the state or federal law; and
Whereas, the City Council finds that the effect of thesse substances can be a healt and safety concern to the citizens of the City of Roscoe; and
Whereas, the City council of the City of Roscoe Texas, has determined that it is in the best interest of the public health and safety and welfare to prohibit the use, possession and sale of these substances and the devices used to ingest these substances; and
Now, Therefore, be it ordained by the City Council of the city of ROscoe, Nolan county Texas, that the following Ordinance shall be in full force and effect.
Section 1: The ordinances of the City of Roscoe, Texas, are hereby amended upon the date of the passage of this Ordinance. Amendment of the Ordinances shall not affect the prosecution of any violation which was committed prior to the effective date of amendment.
Section 2: A new ordinance is adopted and added to the Ordinances of the city of Roscoe, Texas to prohibit the sale use, purchase, possession and offering for sale of certain illegal smoking products and ingestion devices to read in its entirety as follows:
Illegal smoking products and ingestion devices.
(A) Definitions For the purpose of this section, the following terms, words, and derivations thereof shall have the following meaning:
Illegal Smoking product shall mean any plant or other substance, whether described as tobacco, herbs, incense, spice or any blend thereof, regardless of whether the substance is markedted for the purpose of being smoked, which includes any one or mor of the following substances or chemicals:
(1) Salvinorin A: Contained with the Salvia Divinorum plan, whether growing or not; or possessed as an extract. compound, manufacture, derivative, mixture, or preparation of such plant:
(2) 2-(IR,3s)-3hydroxycyclohexy 1)-5-(2-methylocatan-2-yl) Phenol (also known as CP 47,497) and homologues;
(3) I-Pentyl-3-(1 naphthoyl) indole (also known as JWH-018); or
(4) Butyl-3-(1 naphthoyl) indole (also known as JWH-073).
Ingestion Device, Shall jmean equipment, a product or material that is used or intended for use in ingesting, inhaling, or otherwise introducing an illegal smoking product into the human body, including;
(B) Violation
(1) it shall be unlawful for any person to use, possess, purchase, barter, give, publicly display, sell or offer for sale any illegal smoking product.
(2) It shall be unlawful for any person to use or possess an ingestion device with the intent to inject, ingest, inhale or otherwise introduce into the human body and illegal smoking product.
(3) Any person found to be violationg any term or provision of this ordinane shal be subject to a fine in accordance with the ordinances of the City of Roscoe for each offense. Every day a violation continues shall constitute a separate offence.
(4) Allegation and evidence of a culpable mental state is not required for proof of an offence defined in this chapter.
(C) Affirmative Defence,
It shall be an affirmative defence for a person charged with an offence for possession or use of an illegal smoking product that the use or possession was pursuant to the direction or prescription of a licensed physician or dentist authorised to direct or prescribe such act.
Section 3: All provisions of the Ordinances of the city of Roscoe, codified or uncodified. in conflict with the provisions of this ordinance are hereby repealed and all other provisions of the ordinances of the city of ROscoe, codified or uncodified, not in conflict with the provisions of this ordinance shall remain in full force and effect.
Section 4: It is hereby declared to be the intention of the City Council of they City of Roscoe, Texas that the sections, paragraphs, sentences, claused and phrases of this ordinance are severable, and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance.
Section 5: The repeal of any Ordinance or part of Ordinance effectuated by the enactment of this ordinance shall not be constured as aboandoning any action now pending under or by virture of such ordinance or as discontinuing, abating modifying or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions at the time of passage of this Ordinance.
Section 6: It being found by the city council that an emergency exists and that it is necessary for the immediate preservation of public safety and welfare that this Ordinance take effect immediately. An emergency is hereby declared and this ordinance shall become effective at its reading and adoption.
Read, Voted upon, Passed and adopted as an emergency measure, which shall be in full force and effect and after its present reading and adoption. this the 9th day of November, 2010.
Whereas, Certain substances are sold under various names including but not limited to "Salvia Divinorum" "Salvinorin AN" "Spice". "Genie", "Zohai" "Sage", "K2" and "KG Knock Out 2" and are likely to contain chemical compounds or otherwise cause effects similar to marjiuana or hallucinogens and may cause harmful effects by their use and further, the long term effects are not yet known; and
Whereas, to the best of the City Councilors' knowledge, the substances are not yet categorized as illegal controlled substances under the state or federal law; and
Whereas, the City Council finds that the effect of thesse substances can be a healt and safety concern to the citizens of the City of Roscoe; and
Whereas, the City council of the City of Roscoe Texas, has determined that it is in the best interest of the public health and safety and welfare to prohibit the use, possession and sale of these substances and the devices used to ingest these substances; and
Now, Therefore, be it ordained by the City Council of the city of ROscoe, Nolan county Texas, that the following Ordinance shall be in full force and effect.
Section 1: The ordinances of the City of Roscoe, Texas, are hereby amended upon the date of the passage of this Ordinance. Amendment of the Ordinances shall not affect the prosecution of any violation which was committed prior to the effective date of amendment.
Section 2: A new ordinance is adopted and added to the Ordinances of the city of Roscoe, Texas to prohibit the sale use, purchase, possession and offering for sale of certain illegal smoking products and ingestion devices to read in its entirety as follows:
Illegal smoking products and ingestion devices.
(A) Definitions For the purpose of this section, the following terms, words, and derivations thereof shall have the following meaning:
Illegal Smoking product shall mean any plant or other substance, whether described as tobacco, herbs, incense, spice or any blend thereof, regardless of whether the substance is markedted for the purpose of being smoked, which includes any one or mor of the following substances or chemicals:
(1) Salvinorin A: Contained with the Salvia Divinorum plan, whether growing or not; or possessed as an extract. compound, manufacture, derivative, mixture, or preparation of such plant:
(2) 2-(IR,3s)-3hydroxycyclohexy 1)-5-(2-methylocatan-2-yl) Phenol (also known as CP 47,497) and homologues;
(3) I-Pentyl-3-(1 naphthoyl) indole (also known as JWH-018); or
(4) Butyl-3-(1 naphthoyl) indole (also known as JWH-073).
Ingestion Device, Shall jmean equipment, a product or material that is used or intended for use in ingesting, inhaling, or otherwise introducing an illegal smoking product into the human body, including;
- a metal, wooden, acrylic, glass, stone, plastic or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl:
- a water pipe;
- a carburetion tube or device
- a smoking or carburetion mask:
- a shamber pipe;
- a carburetor pipe;
- an electric pipe'
- and air driven pipe'
- a chillum
- a bong; or
- an ice pipe or chiller;
(B) Violation
(1) it shall be unlawful for any person to use, possess, purchase, barter, give, publicly display, sell or offer for sale any illegal smoking product.
(2) It shall be unlawful for any person to use or possess an ingestion device with the intent to inject, ingest, inhale or otherwise introduce into the human body and illegal smoking product.
(3) Any person found to be violationg any term or provision of this ordinane shal be subject to a fine in accordance with the ordinances of the City of Roscoe for each offense. Every day a violation continues shall constitute a separate offence.
(4) Allegation and evidence of a culpable mental state is not required for proof of an offence defined in this chapter.
(C) Affirmative Defence,
It shall be an affirmative defence for a person charged with an offence for possession or use of an illegal smoking product that the use or possession was pursuant to the direction or prescription of a licensed physician or dentist authorised to direct or prescribe such act.
Section 3: All provisions of the Ordinances of the city of Roscoe, codified or uncodified. in conflict with the provisions of this ordinance are hereby repealed and all other provisions of the ordinances of the city of ROscoe, codified or uncodified, not in conflict with the provisions of this ordinance shall remain in full force and effect.
Section 4: It is hereby declared to be the intention of the City Council of they City of Roscoe, Texas that the sections, paragraphs, sentences, claused and phrases of this ordinance are severable, and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance.
Section 5: The repeal of any Ordinance or part of Ordinance effectuated by the enactment of this ordinance shall not be constured as aboandoning any action now pending under or by virture of such ordinance or as discontinuing, abating modifying or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions at the time of passage of this Ordinance.
Section 6: It being found by the city council that an emergency exists and that it is necessary for the immediate preservation of public safety and welfare that this Ordinance take effect immediately. An emergency is hereby declared and this ordinance shall become effective at its reading and adoption.
Read, Voted upon, Passed and adopted as an emergency measure, which shall be in full force and effect and after its present reading and adoption. this the 9th day of November, 2010.
ORdinance #118 RV park regulations
The City council finds that properly planned and operated recreational vehicle communities (i.e. Recreational Vehicle (RV) parks) promote the safety and health of the residents of such commuities and of other nearby communities; encourage economical and orderly development of such communites and of other nearby communities. It, is therefore, declared to be the policy of the city to eliminate and prevent health and safety hazards and to promote the economical and orderly development and utilixation of land by providing for planned and necessary to accomplish these purposes. This article is enacted in order to achieve orderly development of recreational vehicle parks to promote and develop the use of land to minimise possible impacts, and to promote health and safety and general welfare of the public.
Section 1.1 Applicability
This article shall apply to any recreational vehicle park to be located within the city limits and ETJ.
Section 2. Definitions
Accessory structure. Any structural addition to the recreational vehicle or site, including awnings, cabanas, carports, garages, porches, storage cabinets, storage sheds, and similar appurtenant structures.
Bio degradeable: Means capable of being decomposed by biologial agents, especially bacteria.
Building official. The official of the city responsible for the inspection of electrical mechanical and plubing associated with property.
Code official. The official of the city or their designee charged with the enforcement of the probisions of this article.
Controlling interest. A person or developer who controls at least fifty one percent of ownership.
Full time employee. A person who is responsible for maintenance of the RV park seven days per week. This person may or may not be the owner of said park.
licensee or agent. a person who may or may not own the rv park but is person responsible for the day to day operations including records and license of the park.
opaque fence. A fence made of solid materials designed to shield from public view the RV park. i.e. difficult to see through.
Public use phone. a phone used by registrants of the RV park for emergency purposes.
Recreational vehicle or RV. Any licensed camp trailer, travel trailer, motor home or fifth wheel designed to provide temporary living quarters for recreational camping or travel, constructed with integral wheels to make it mobile and or towable by motor vehicle.
RV park. Any lot tract or parcel of land upon which accommodation is provided for two or more recreational vehicles used as living or sleeping quarters by the day, week, month, whether a charge is or is not made. A recreational vehicle park or RV park that has been reserved for the placement of one recreational vehicle or rv.
Section 3 License
Required. It shall be unlawful for any person to poperate any RV park within the city limits unless they hold a valid license issued annually by the City of Roscoe in th ename of such person for the specific park. The applicant shall make all applications for the licenses on forms furnished by the City of Roscoe, which shall issue a license upon compliance w ith the provisions of this article.
Hearing on denial. Any person whose application for a license under this article has been denied may request, and shall be granted, a hearing on this matter to city council for apporoval or disapproval.
Spplication for renewal of a license shall be made in writing by the license on forms furnished by the city of ROscoe on or before December 31st of each year. Such application shall contain any changes in the information occurring after the original license was issued or the latest renewal granted.
Fee. All applications shall be accompanied by a fee provided for in the fee schedule found in appendix A.
Approval of transfer. Every person holding a license shall give notice in writing to the City of Roscoe within Ten days after having sold, transferred, given away, or otherwise disposed of interest in or control of any RV park. Application for transfer of a license shall be made within ten calendar days after notification of change covered in this subsection. Within thirty calendar days thereafter, the city of Roscoe shall act on the application for license transfer and it shall be approved if the RV park is in compliance with the provisions of this section.
Transfer fee. All applications for license transfer shall be accompanied by a fee as provided for the fee schedule found in appendix A.
Suspension:
Whenever, upon inspection of any RV park, the city finds that conditions or practices exist which are in violation of any provisions of this article applicable to such park, the city staff shall give notice in writing to the owner and or manager of the park and is such conditions or practices have not been corrected in the time frame set forth in the notice, the city shall suspend the licesnce and give notice of such suspension. Upon suspension of the license, the licensee shall cease operation of such park.
The suspension of the license may be applealed to the city council as set forth in the subsection.
Section 3.1 Inspections.
Authorised. The building official and code official are hereby autorised to make such inspections as are necessary to determine compliance with this article.
Entry of premises. the building official and code official shall have the power to enter at reasonable times upon any private or public property within the purpose of inspecting and investigating conditions relating to the enforcement of this article.
Section 3.2 Notices, hearings, and orders
Notice of violation. Whenever it is determined that there are grounds to believe that there has been a violation of any provission of this article, the City of Roscoe shall give notice of such alleged violation to the licensee or agent, as hereinafter provided. Such notice shall:
Be in writing,
include a statement of the reasons for its issuance.
allow ten days for compliance.
be served upon the license or thier agent provided that such notice or order shall be deemed to have peen properly served upon such license or agent when a compy thereof has been served in person or sent by certified mail to their last known address.
Contain an outline of remedial action that, if taken, will effect compliance with the provisions of this article.
After all procedures outlined above are exhauseted citations may be issued.
IF a munincipality mail a notice to a property owner in accordance with section 3.2 and the United States Postal service returns the notice as "refused" or "Unclaimed", the validity of the notice is not affected, and the notice is considered as delivered.
Appeal from notice. Any person affected by any notice that has been issued in connection with the enforcement of any provision of this article applicable to such park may ( request) a hearing before the city council; provided that such person shall file within ten days after the day the notice was served, in the city secretary's office, with a compy to the office of the code official, a written petition requesting such hearing and setting forth a brief statement of the grounds thereof. The filing request for a hearing shall poperate as a stay of the notice and of the suspension, except in the case of an order issued under subsection D of this section.
C: Issuance of order. After such hearing, the city council shall issue an order in writing sustaining, modifying, or withdrawing the notice of vilation, which order shall be served by certified mail upon the petitioner. Any failure to comply with an order sustaining or modifying the finding of a violation shall constitute grounds for immediate revocation of the license of the park affected by the order.
D: Order without notice, Whenever the city finds that an meergency exists which requires immediate action to protect the public health or safety, the designated officail may, without notice or hearing, issue and order reciting the existence of such an emergencey and requiring the action to be taken as deemed necessary to meet the emergency. Nonwithstanding any other provisions of this section, such order shall be effective immediately, but upon written petition to the city shall be afforded a hearing as soon as possible. THe provisions of subsection C of this section shall be applicable to such hearing and the order issued thereafter.
Section 3.3 Violations declared nuisance; abatement; penalty
Any noncompliance with this article is hereby deemed a nuisance. The city may abate and remove the nisance and punish the person(s) violating this article shall be subject to a fine not to exceed five hundred dollars for each provision vilated, and each day that there is a failure to comply with the terms of any provision of this article is declared to be a separate offense. For Violations of the provisions of this article that govern fire safety, or bublic health and sanitation,including dumping of refuse, the fine may not exceed two thousand dollars per day per violation. Code official shall be the authority of the jurisdiction responsible for the issuance of citations and any action deemed necessary for the enforcenment of this ordinance.
Section 4. Site development plan
A site development plan must be prepared and submitted to the city and must include the requirements for site plans contained herein.
Section 4.1 Location and fencing.
A: Rv Parks shall be located in an area regulated by section 4.2 of this article.
B: An opaque fence at least eight feet in height must be placed on the property live to buffer the RV park from view. The fence shall be installed on both sides and at the rear of the property. The fence must be of metal or galvanized materials. NO wood fences allowed.
Section 4.2 Size and density
Each RV park must have a minimum size of one and one halp acres, with a maximum of five acres. THe maximum site density for RV parks shall be twenty sites per acre. Only one recreational vehicle is permitted per precreation vehicle site.
Section 4.3 Size of individual sites; pad requirements; landscaping
A: Each recreations vehicle site within the RV park shall have a minimum area of one thousand nine hundred fifty square feet and shall be at least thirty feet wide and sixty five feet in depth. the sites shall be sesigned as pull through for ease of entering and leaving the site. A roadway is therefore required to the front and rear. In addition, the space shall be clearly marked identifying the space number.
C: the left 1/3 of the site or driver's side must be planted with grass and other landscaping; the middle must be paved with cement or asphalt and the remaining 1/3 or passenger side can be paved with either cement asphalt, crushed rock or similar material. The middle portion is to be used for parking of the RV with the paved area on the right used as a parking or patio area.
Section 4.4 Street access; street lighting
A: Each recreational vehicle site within the RV park shall have access to an internal private roadway, which shall have access to a public street the enterance of the internal roadway shall have a pavement width of at least thirty feet with an adequate curb radius. the major thoroughfare shall have a pavement width of twenty four feet in accordance with the city standards. THe roadway may be fifteen feet if the RV park is designed for oneway roads. Each emergency access lane shall have a clear unobstructed width of twenty four feet fifteen feet if one way and shall have a turning area and radii with minimum of sixty feet to permit free movement of emergency vehicles. Dead end streets are not allowed. The internal streets off the major thoroughfare may be constructed with crushed rock materials or similar material with the objective to prohibit dust.
B: Metal signs shall be placed along the emergency access lane by the owner or agent of the RV park stating that parking is prohibited. The sign type, size, height and location shall be approved by the city.
C: adequate street lighting for the RV park shall be approved by the City.
Section 4.5 Required facilities.
Section 1.1 Applicability
This article shall apply to any recreational vehicle park to be located within the city limits and ETJ.
Section 2. Definitions
Accessory structure. Any structural addition to the recreational vehicle or site, including awnings, cabanas, carports, garages, porches, storage cabinets, storage sheds, and similar appurtenant structures.
Bio degradeable: Means capable of being decomposed by biologial agents, especially bacteria.
Building official. The official of the city responsible for the inspection of electrical mechanical and plubing associated with property.
Code official. The official of the city or their designee charged with the enforcement of the probisions of this article.
Controlling interest. A person or developer who controls at least fifty one percent of ownership.
Full time employee. A person who is responsible for maintenance of the RV park seven days per week. This person may or may not be the owner of said park.
licensee or agent. a person who may or may not own the rv park but is person responsible for the day to day operations including records and license of the park.
opaque fence. A fence made of solid materials designed to shield from public view the RV park. i.e. difficult to see through.
Public use phone. a phone used by registrants of the RV park for emergency purposes.
Recreational vehicle or RV. Any licensed camp trailer, travel trailer, motor home or fifth wheel designed to provide temporary living quarters for recreational camping or travel, constructed with integral wheels to make it mobile and or towable by motor vehicle.
RV park. Any lot tract or parcel of land upon which accommodation is provided for two or more recreational vehicles used as living or sleeping quarters by the day, week, month, whether a charge is or is not made. A recreational vehicle park or RV park that has been reserved for the placement of one recreational vehicle or rv.
Section 3 License
Required. It shall be unlawful for any person to poperate any RV park within the city limits unless they hold a valid license issued annually by the City of Roscoe in th ename of such person for the specific park. The applicant shall make all applications for the licenses on forms furnished by the City of Roscoe, which shall issue a license upon compliance w ith the provisions of this article.
Hearing on denial. Any person whose application for a license under this article has been denied may request, and shall be granted, a hearing on this matter to city council for apporoval or disapproval.
Spplication for renewal of a license shall be made in writing by the license on forms furnished by the city of ROscoe on or before December 31st of each year. Such application shall contain any changes in the information occurring after the original license was issued or the latest renewal granted.
Fee. All applications shall be accompanied by a fee provided for in the fee schedule found in appendix A.
Approval of transfer. Every person holding a license shall give notice in writing to the City of Roscoe within Ten days after having sold, transferred, given away, or otherwise disposed of interest in or control of any RV park. Application for transfer of a license shall be made within ten calendar days after notification of change covered in this subsection. Within thirty calendar days thereafter, the city of Roscoe shall act on the application for license transfer and it shall be approved if the RV park is in compliance with the provisions of this section.
Transfer fee. All applications for license transfer shall be accompanied by a fee as provided for the fee schedule found in appendix A.
Suspension:
Whenever, upon inspection of any RV park, the city finds that conditions or practices exist which are in violation of any provisions of this article applicable to such park, the city staff shall give notice in writing to the owner and or manager of the park and is such conditions or practices have not been corrected in the time frame set forth in the notice, the city shall suspend the licesnce and give notice of such suspension. Upon suspension of the license, the licensee shall cease operation of such park.
The suspension of the license may be applealed to the city council as set forth in the subsection.
Section 3.1 Inspections.
Authorised. The building official and code official are hereby autorised to make such inspections as are necessary to determine compliance with this article.
Entry of premises. the building official and code official shall have the power to enter at reasonable times upon any private or public property within the purpose of inspecting and investigating conditions relating to the enforcement of this article.
Section 3.2 Notices, hearings, and orders
Notice of violation. Whenever it is determined that there are grounds to believe that there has been a violation of any provission of this article, the City of Roscoe shall give notice of such alleged violation to the licensee or agent, as hereinafter provided. Such notice shall:
Be in writing,
include a statement of the reasons for its issuance.
allow ten days for compliance.
be served upon the license or thier agent provided that such notice or order shall be deemed to have peen properly served upon such license or agent when a compy thereof has been served in person or sent by certified mail to their last known address.
Contain an outline of remedial action that, if taken, will effect compliance with the provisions of this article.
After all procedures outlined above are exhauseted citations may be issued.
IF a munincipality mail a notice to a property owner in accordance with section 3.2 and the United States Postal service returns the notice as "refused" or "Unclaimed", the validity of the notice is not affected, and the notice is considered as delivered.
Appeal from notice. Any person affected by any notice that has been issued in connection with the enforcement of any provision of this article applicable to such park may ( request) a hearing before the city council; provided that such person shall file within ten days after the day the notice was served, in the city secretary's office, with a compy to the office of the code official, a written petition requesting such hearing and setting forth a brief statement of the grounds thereof. The filing request for a hearing shall poperate as a stay of the notice and of the suspension, except in the case of an order issued under subsection D of this section.
C: Issuance of order. After such hearing, the city council shall issue an order in writing sustaining, modifying, or withdrawing the notice of vilation, which order shall be served by certified mail upon the petitioner. Any failure to comply with an order sustaining or modifying the finding of a violation shall constitute grounds for immediate revocation of the license of the park affected by the order.
D: Order without notice, Whenever the city finds that an meergency exists which requires immediate action to protect the public health or safety, the designated officail may, without notice or hearing, issue and order reciting the existence of such an emergencey and requiring the action to be taken as deemed necessary to meet the emergency. Nonwithstanding any other provisions of this section, such order shall be effective immediately, but upon written petition to the city shall be afforded a hearing as soon as possible. THe provisions of subsection C of this section shall be applicable to such hearing and the order issued thereafter.
Section 3.3 Violations declared nuisance; abatement; penalty
Any noncompliance with this article is hereby deemed a nuisance. The city may abate and remove the nisance and punish the person(s) violating this article shall be subject to a fine not to exceed five hundred dollars for each provision vilated, and each day that there is a failure to comply with the terms of any provision of this article is declared to be a separate offense. For Violations of the provisions of this article that govern fire safety, or bublic health and sanitation,including dumping of refuse, the fine may not exceed two thousand dollars per day per violation. Code official shall be the authority of the jurisdiction responsible for the issuance of citations and any action deemed necessary for the enforcenment of this ordinance.
Section 4. Site development plan
A site development plan must be prepared and submitted to the city and must include the requirements for site plans contained herein.
Section 4.1 Location and fencing.
A: Rv Parks shall be located in an area regulated by section 4.2 of this article.
B: An opaque fence at least eight feet in height must be placed on the property live to buffer the RV park from view. The fence shall be installed on both sides and at the rear of the property. The fence must be of metal or galvanized materials. NO wood fences allowed.
Section 4.2 Size and density
Each RV park must have a minimum size of one and one halp acres, with a maximum of five acres. THe maximum site density for RV parks shall be twenty sites per acre. Only one recreational vehicle is permitted per precreation vehicle site.
Section 4.3 Size of individual sites; pad requirements; landscaping
A: Each recreations vehicle site within the RV park shall have a minimum area of one thousand nine hundred fifty square feet and shall be at least thirty feet wide and sixty five feet in depth. the sites shall be sesigned as pull through for ease of entering and leaving the site. A roadway is therefore required to the front and rear. In addition, the space shall be clearly marked identifying the space number.
C: the left 1/3 of the site or driver's side must be planted with grass and other landscaping; the middle must be paved with cement or asphalt and the remaining 1/3 or passenger side can be paved with either cement asphalt, crushed rock or similar material. The middle portion is to be used for parking of the RV with the paved area on the right used as a parking or patio area.
Section 4.4 Street access; street lighting
A: Each recreational vehicle site within the RV park shall have access to an internal private roadway, which shall have access to a public street the enterance of the internal roadway shall have a pavement width of at least thirty feet with an adequate curb radius. the major thoroughfare shall have a pavement width of twenty four feet in accordance with the city standards. THe roadway may be fifteen feet if the RV park is designed for oneway roads. Each emergency access lane shall have a clear unobstructed width of twenty four feet fifteen feet if one way and shall have a turning area and radii with minimum of sixty feet to permit free movement of emergency vehicles. Dead end streets are not allowed. The internal streets off the major thoroughfare may be constructed with crushed rock materials or similar material with the objective to prohibit dust.
B: Metal signs shall be placed along the emergency access lane by the owner or agent of the RV park stating that parking is prohibited. The sign type, size, height and location shall be approved by the city.
C: adequate street lighting for the RV park shall be approved by the City.
Section 4.5 Required facilities.