ENFORCEMENT AND PENALTIES.

Austin City Code tit. 15, ch. 15-6, art. 8

in effect

Austin City Code § 15-6-125 NOTICE.

§ 15-6-125 - NOTICE. Notice required under this Article shall be given by certified or registered mail, return receipt requested, and shall be prima facie evidence that the recipient received notice. Source: Ord. 20090312-014; Ord. 20121018-024.

Austin City Code § 15-6-126 INVESTIGATIONS.

§ 15-6-126 - INVESTIGATIONS. The City may conduct investigations into the operations of private solid waste collection services operating in the city to determine whether the services comply with this chapter and other applicable laws. Source: Ord. 20090312-014; Ord. 20101104-018; Ord. 20121018-024.

Austin City Code § 15-6-127 ENFORCEMENT.

§ 15-6-127 - ENFORCEMENT. The City shall enforce this chapter and rules adopted under this chapter. Source: Ord. 20090312-014; Ord. 20101104-018; Ord. 20121018-024.

Austin City Code § 15-6-128 CITATION.

§ 15-6-128 - CITATION. (A) An authorized person may issue a citation to a person the issuer reasonably believes has engaged in conduct that violates this chapter. (B) A citation issued under this section must be on a form prescribed by the municipal court clerk that includes space for the following information, if known, to be indicated, as applicable: (1) the name and address of the person cited; (2) the type and number of a license issued to the person under this chapter, if any; (3) the offense for which the person is charged; (4) the date, time, and location of the offense; (5) the state license plate number of the vehicle; (6) the appearance date; (7) a statement ordering the person receiving the citation to respond to the citation at municipal court on or before the appearance date indicated on the citation; (8) a statement of the person's promise to respond to the citation by the appearance date indicated on the citation, together with a place for the person cited to provide the person's signature; and (9) other information as determined by the director. (C) The enforcement officer shall retain the original of the citation for filing in Municipal Court, shall request the signature of the person accepting receipt, and provide a copy of the citation to that person. If the person refuses to sign or receive the citation or is not present to receive the citation, the enforcement officer shall: (1) leave a copy of the citation on the vehicle in a prominent place; or (2) mail a copy of the citation, as applicable, to: (a) the person cited; (b) the licensee under this chapter; (c) the registered owner of the vehicle; or (d) the holder under whose authority the vehicle is operated. Source: Ord. 20090312-014; Ord. 20101104-018; Ord. 20121018-024.

Austin City Code § 15-6-129 DUTY TO RESPOND TO CITATION.

§ 15-6-129 - DUTY TO RESPOND TO CITATION. (A) On or before the appearance date indicated on the citation, a person cited under this chapter shall submit a plea to each charge indicated on the citation. The person may enter a plea of guilty, not guilty, or no contest. The plea must be submitted to the municipal court clerk by mail, in person, or by other method acceptable to the municipal court. (B) A person may enter a plea of guilty or no contest to a charge on a citation issued under this chapter by paying to the municipal court the fine for and any court costs associated with the charge. Source: Ord. 20090312-014; Ord. 20121018-024.

Austin City Code § 15-6-130 COMPLIANCE REQUIRED.

§ 15-6-130 - COMPLIANCE REQUIRED. (A) A person commits an offense if the person performs an act prohibited by this chapter or fails to perform an act required by this chapter. Each instance of a violation of this chapter is a separate offense. (B) A person commits an offense if the person has been issued a citation under this chapter and the person fails to enter a plea to a charge indicated on the citation on or before the appearance date indicated on the citation. (C) A person commits an offense if the person intentionally harasses, threatens, interferes with, or gives a false or fictitious name, residence address, license, license number, vehicle registration, or date of birth to an enforcement officer at the time the enforcement officer is issuing the person a citation under this chapter. Source: Ord. 20090312-014; Ord. 20121018-024.

Austin City Code § 15-6-131 CULPABLE MENTAL STATE.

§ 15-6-131 - CULPABLE MENTAL STATE. (A) Except as otherwise specifically required in this chapter, proof of a culpable mental state is not required for a conviction of an offense under this chapter for a fine under $500.00. (B) Proof of a culpable mental state is required for a conviction of an offense under this chapter for a fine of $501.00 to $2,000.00. Source: Ord. 20090312-014; Ord. 20121018-024.

Austin City Code § 15-6-132 PENALTIES FOR VIOLATIONS.

§ 15-6-132 - PENALTIES FOR VIOLATIONS. (A) A person who violates a provision of this chapter, or who fails to perform a duty required of the person under this chapter, commits an offense. A person is guilty of a separate offense for each day or part of a day during which a violation is committed, continued, or permitted. (B) An offense under this chapter is punishable by a fine of not more than $2,000 and, upon a first conviction, not less than $100. (C) The minimum fine established in Subsection (B) shall be doubled for the second conviction of the same offense within any 24-month period and trebled for the third and subsequent convictions of the same offense within any 24-month period. At no time shall the minimum fine exceed the maximum fine established in Subsection (B). (D) In addition to being subject to criminal enforcement and penalties as provided in Subsections (A), (B), and (C) of this section, a licensee that violates or causes or permits the violation of any of the provisions of this chapter commits a civil offense and is civilly liable to the city for an amount not to exceed $2,000 for each violation. A licensee is liable for a separate violation for each day or part of a day during which a violation is committed, continued, or permitted. (E) In addition to being subject to civil and criminal enforcement and penalties for violations of this chapter, in any instance where a person and/or licensee's violation of this chapter creates or exacerbates an adverse public health or safety condition related to wet or dry solid waste material accumulation, release, or dispersal, the city may immediately abate the conditions in question without notice and charge the person and/or licensee for any and all costs and/or fees incurred by the city or any entity acting on its behalf for the abatement, cleaning, removal, and/or remediation of any location adversely affected by the violation of this chapter by the person and/or licensee. (F) The remedies provided in this chapter are cumulative and in addition to any and all other remedies available at law or in equity under applicable federal, state, and local law. Source: Ord. 20090312-014; Ord. 20121018-024.

Austin City Code § 15-6-133 ENFORCEMENT AGAINST EMPLOYEES.

§ 15-6-133 - ENFORCEMENT AGAINST EMPLOYEES. In accordance with Sections 250.003 and 250.004 of the Texas Local Government Code, an individual who is an employee of the owner of real property for which a citation for a violation of a municipal rule or ordinance is issued, or a company that manages the property on behalf of the property owner, is not personally liable for criminal or civil penalties resulting from the violation if, not later than the fifth calendar day after the date the citation is issued, the individual provides the property owner's name, current street address, and telephone number to the enforcement official who issues the citation or to the official's superior. Source: Ord. No. 20140612-010, Pt. 12, 6-23-14.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT15UTRE_CH15-6SOWASE_ART8ENPEFetched: 10/27/2026