Dallas City Code § 7A-1 SHORT TITLE.
SEC. 7A-1. SHORT TITLE.
This chapter shall be known and may be cited as the “City of Dallas Anti-Litter Ordinance”. (Ord. 10371)
ANTI-LITTER REGULATIONS
Dallas City Code ch. 7A
in effectDallas City Code § 7A-2 DEFINITIONS.
SEC. 7A-2. DEFINITIONS.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
(1) AIRCRAFT. Any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word “aircraft” shall include helicopters and lighter-than-air dirigibles and balloons.
(2) AUTHORIZED PRIVATE RECEPTACLE. A litter storage and collection receptacle as required and authorized in Chapter 18.
(3) CITY. The city of Dallas, Texas.
(4) COMMERCIAL HANDBILL. Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature:
(A) which advertises for sale any merchandise, product, commodity or thing; or
(B) which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or
(C) which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order. Nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind without a license, where such license is or may be required by any law of this state, or under any ordinance of this city; or
(D) Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.
(5) GARBAGE. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
(6) LITTER. “Garbage”, “refuse” and “rubbish” as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
(7) NEWSPAPER. Any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with federal statute or regulation and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.
(8) NONCOMMERCIAL HANDBILL. Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.
(9) PARK. A park, reservation, playground, beach, recreation center or any other public area in the city, owned or used by the city and devoted to active or passive recreation.
(10) PERSON. Any person, firm, partnership, association, corporation, company or organization of any kind.
(11) PRIVATE PREMISES. Any vacant land or dwelling, house, building, or other structure designed or used either wholly or in part for private residential, commercial, industrial, governmental, or non-profit purposes, whether inhabited or temporarily or continuously uninhabited or vacant, including any yard, grounds, walk, driveway, porch, steps, vestibule, parking lot, loading dock, or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.
(12) PUBLIC PLACE. Any and all streets, sidewalks, boulevards, alleys, or other public ways and any and all public parks, squares, spaces, grounds and buildings.
(13) REFUSE. All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleaning, dead animals, abandoned automobiles, and solid market and industrial wastes.
(14) RUBBISH. Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
(14.1) SHOPPING CART. An object that has the same meaning as in Chapter 17 of the Texas Business and Commerce Code, as amended.
(15) VEHICLE. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks. (Ord. Nos. 10371; 25371; 30136; 32655)
Dallas City Code § 7A-3 THROWING OR DEPOSITING LITTER IN PUBLIC PLACES PROHIBITED; EXCEPTIONS.
SEC. 7A-3. THROWING OR DEPOSITING LITTER IN PUBLIC PLACES PROHIBITED; EXCEPTIONS.
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the city, except in public receptacles, in authorized private receptacles for collection or in official city dumps. (Ord. 10371)
Dallas City Code § 7A-3.1 CITY REMOVAL OF SHOPPING CART FROM A PUBLIC PLACE.
SEC. 7A-3.1. CITY REMOVAL OF SHOPPING CART FROM A PUBLIC PLACE.
(a) A shopping cart found by the city in a public place shall be presumed lost or abandoned, unless the shopping cart has:
(1) been reported as stolen to the Dallas Police Department within the last 30 days;
(2) a legible name, address, and telephone number of the owner of the shopping cart; and
(3) a legible unique identifier, such as a serial number.
(b) A shopping cart found by the city in a public place is hereby declared a public nuisance.
(c) A shopping cart found by the city in a public place shall be considered litter.
(d) Upon collection, the city may immediately dispose of the shopping cart, including by recycling it, or the city may temporarily store the shopping cart before disposing of it, whichever method the director, in the director's discretion, deems appropriate. For purposes of this section, DIRECTOR is the director of the department of street services of the city of Dallas. (Ord. 30136)
Dallas City Code § 7A-4 MANNER OF PLACING LITTER IN RECEPTACLES.
SEC. 7A-4. MANNER OF PLACING LITTER IN RECEPTACLES.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. (Ord. 10371)
Dallas City Code § 7A-4.1 UNATTENDED DROP BOXES.
SEC. 7A-4.1. UNATTENDED DROP BOXES.
(a) Purpose. The purpose of this section is to eliminate nuisance, blight, and safety issues associated with unattended drop boxes by establishing operator and property owner accountability through a permitting and application process and time, place, and manner restrictions.
(b) Applicability. Except as provided in this section, the requirements of this section apply to all unattended drop boxes regardless of whether the unattended drop boxes were placed prior to the effective date of these regulations.
(c) Definitions. For purposes of this section,
(1) DEPARTMENT means the department of code compliance.
(2) DIRECTOR means the director of the department of code compliance or the director’s representative.
(3) OPERATOR means a person who maintains an unattended drop box to solicit collections of salvageable personal property.
(4) PROPERTY means a lot, plot, or parcel of land, including any structures on the land.
(5) UNATTENDED DROP BOX (UDB) means any unattended or unstaffed outdoor container, box, receptacle, or similar device or facility, designed with a door, slot, or other opening that is used for soliciting and collecting donations of textiles, clothing, shoes, books, toys, dishes, and other salvageable items of personal property to be used by the operator for distribution, resale, or recycling. This term does not include unattended boxes intended for the collection of mail or parcels conveyed by the United States Postal Service or private shipping companies. A drop box is considered "unattended" for purposes of this section if a person dropping any of the above-listed items may do so while there is no representative or employee of the operator present to receive the items.
(d) Application.
(1) Applications for UDB permits must be made on a form provided by the department and must include the following information:
(A) The legal name, street address, mailing address, e-mail address, and telephone number of the operator and property owner who can be reached 24 hours a day, seven days a week, in the event of an emergency condition involving the UDB.
(B) A signed authorization from the property owner, property manager, or an authorized agent where the proposed unattended box is to be placed if the property owner is not the operator.
(C) A non-refundable application fee of $248.
(D) A site plan showing:
(i) location and dimensions of property boundaries;
(ii) location of all buildings located on the property;
(iii) proposed UDB location; and
(iv) distance between the proposed UDB and any structures located on adjacent properties.
(E) Elevations showing the appearance, graphics or designs, materials, and dimensions of the UDB.
(F) A description of the proposed locking mechanism for the UDB.
(G) A maintenance plan, including graffiti removal, weekly pick-up schedule, and litter and trash removal on and around the UDB, that is sufficient to prevent and eliminate blight- related conditions.
(H) Any other information regarding time, place, and manner of the UDB operation, placement, or maintenance that the director requires to evaluate the operator’s application consistent with the requirements of this chapter.
(2) An applicant shall notify the director within 10 days after any change in the information provided to the director.
(3) Each UDB must comply with all applicable state and federal laws, including, but not limited to, Section 17.922 of the Texas Business and Commerce Code.
(e) Permit expiration and renewals.
(1) A permit for a UDB expires one year after the date of issuance.
(2) A permit may be renewed by making an application in accordance with Section 7A-4.1(d). An applicant shall apply for renewal at least 30 days before the expiration of the permit.
(f) Permit issuance.
(1) The director shall issue a permit for a UDB, along with a permit decal, within 60 calendar days of receipt of a complete application, if the director determines that:
(A) the applicant has complied with all of the application requirements for issuance of the permit and decal listed in subsection (d) and the proposed UDB is in compliance with all of the regulations listed in subsection (l); and
(B) the applicant has not made a false statement as to a material matter in an application for a permit.
(2) Permits may not be transferred, conveyed, or assigned to another operator.
(3) The fee for issuing a replacement UDB permit decal for one that is lost, stolen, damaged, or destroyed is $101.
(g) Application denial.
(1) The director shall deny, within 60 calendar days of receipt of a complete application, an application if the director determines:
(A) the operator has had a UDB permit revoked within the preceding 12-month period or the property owner has had a UDB permit revoked on the subject property within the preceding 12-month period;
(B) the applicant, property owner, or operator intentionally made a false statement as to a material fact in the application for a UDB permit; or
(C) the operation or location of the UDB would violate the regulations in paragraph (l) of this subsection.
(2) If the director determines that an applicant’s application should be denied, the director shall issue by personal service or mailed via United States certified mail and first class mail to the operator’s last known address that the application is denied and include in the notice the reason for denial and a statement informing the applicant of the right of appeal.
(h) Permit revocation.
(1) A permit issued under this section may be revoked by the director if the operator or property owner:
(A) has received one or more citations for a violation of this section within the preceding 12 months;
(B) intentionally made a false statement as to a material fact in the application for a UDB permit; or
(C) has failed to notify the director of any material change of information in the permit application as required in Section 7A-4.1(d)(2).
(2) Before revoking a permit, the director shall deliver written notice to the permit holder that the permit is being considered for revocation. The notice must include the reason for the proposed revocation, action the permit holder must take to prevent the revocation, and a statement that the registrant has 10 days after the notice is mailed to comply with the notice. Notice must be mailed via United States certified mail and first class mail to the operator's address that is on file.
(3) If, after 10 days from the date the notice is mailed, the permit holder has not complied with the notice, the director shall revoke the permit and deliver written notice of the revocation to the permit holder via United States certified mail and first class mail. The notice must include the reason for the revocation, and a statement informing the permit holder of the right of appeal.
(i) Appeals. If the director denies issuance or renewal of a permit or revokes a permit, this action is final unless the applicant or operator files an appeal with the permit and license appeal board in accordance with Section 2-96 of this code.
(j) Removal of UDB. The operator or property owner must remove the UDB no more than 10 days after the revocation or 10 days after the final resolution of the appeal hearing. Failure to timely remove a UDB in compliance with this subsection is a violation of this section.
(k) One-year waiting period. If a permit is revoked, no additional permit must be issued to that operator or property owner within one year after the revocation date.
(l) UDB regulations.
(1) Violation. A person commits an offense if the person violates a provision of this section or places, maintains, or allows to be placed, or maintained, a UDB at any location without a valid permit issued in accordance with this section.
(2) Maximum number. Only two UDBs are allowed at any building site. A separate permit is required for each UDB.
(3) Location.
(A) UDBs are prohibited on a building site that has a residential use and the following areas:
(i) Within required zoning and building line setbacks.
(ii) Visibility triangles as defined in Section 51A-4.602.
(iii) Required parking areas.
(iv) Driveways.
(v) Sidewalks.
(vi) Easements.
(vii) Fire lanes.
(viii) Floodplains.
(ix) City rights- of-way.
(x) Vacant lots as defined in Chapter 48B.
(xi) City owned or controlled property.
(xii) Any location that will impede traffic; impair motor vehicle operation within a parking lot, driveway, street or alley; or block access to off-street parking spaces, access easements, fire lanes, fire hydrants, or dumpsters.
(B) UDBs may not be located within 1,100 feet of any other property where UDBs are located.
(C) UDBs may only be placed on concrete or asphalt surfaces.
(4) Permit decal display. Each permitted UDB must display a clearly visible decal on the outside of the UDB, adjacent to where goods are being placed in the box, that contains the following information:
(A) UDB permit number.
(B) Dates the permit is valid.
(C) Permit issuance date.
(D) ISO form number.
(E) Service request number.
(F) Revision number.
(5) Maximum dimensions. A UDB may not exceed 84 inches in height, 48 inches in depth, 48 inches in width, and a total volume of 112 cubic feet. This paragraph does not apply to UDBs placed prior to the effective date of this section.
(6) UDB construction material. Each UDB must be constructed of metal material.
(7) Operator name and contact information display. Each UDB must display the UDB operator’s name and a current phone number at which the operator can be reached. The operator’s name and phone number must be in reasonably visible font on one of the UDB’s sides.
(8) Item removal. The operator and property owner must remove all items placed within the UDB at least one time per week.
(9) Operation and maintenance.
(A) The operator and property owner are responsible for the maintenance, upkeep, and servicing of the UDB and cleanup and removal of any graffiti, items left outside of the UDB, and any other detractors.
(B) The city is authorized to abate any property in violation of this section that is deemed a public nuisance under the procedures in Section 31-10.
(C) The structural integrity of the UDB must be maintained at all times.
(D) The operator and property owner shall keep the property within 25 feet of the location of a UDB clean and free of trash, debris, broken glass, coat hangers, clothes, clothing accessories, or other items.
(E) UDBs must have a collection opening with a tamper resistant locking mechanism.
(F) UDBs may not be electronically or hydraulically powered or otherwise mechanized.
(G) UDBs may not be a fixture to the site or considered an improvement to real property. (Ord. 32608)
Dallas City Code § 7A-5 SWEEPING LITTER INTO GUTTERS, ETC. PROHIBITED; SIDEWALKS TO BE KEPT FREE OF LITTER BY ABUTTING PROPERTY OWNERS OR OCCUPANTS.
SEC. 7A-5. SWEEPING LITTER INTO GUTTERS, ETC. PROHIBITED; SIDEWALKS TO BE KEPT FREE OF LITTER BY ABUTTING PROPERTY OWNERS OR OCCUPANTS.
No person shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. (Ord. 10371)
Dallas City Code § 7A-6 DUTY OF MERCHANTS AND CONTRACTORS AS TO LITTER IN ABUTTING SIDEWALKS, ETC.
SEC. 7A-6. DUTY OF MERCHANTS AND CONTRACTORS AS TO LITTER IN ABUTTING SIDEWALKS, ETC.
(a) No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the city shall keep the sidewalk in front of their business premises free of litter.
(b) A person doing construction work within the city shall at all times keep the sidewalk, street, alley and public or private property abutting the construction site free of construction trash, litter and debris. (Ord. Nos. 10371; 19566)
Dallas City Code § 7A-7 THROWING LITTER FROM VEHICLES PROHIBITED.
SEC. 7A-7. THROWING LITTER FROM VEHICLES PROHIBITED.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the city, or upon private property. (Ord. 10371)
Dallas City Code § 7A-7.1 REMOVAL OF INJURIOUS MATERIAL FROM STREETS.
SEC. 7A-7.1. REMOVAL OF INJURIOUS MATERIAL FROM STREETS.
A person who drops or throws or permits to be dropped or thrown upon a street any destructive or injurious material, shall immediately remove the material or cause the material to be removed. (Ord. 14587)
Dallas City Code § 7A-8 LITTER IN PARKS.
SEC. 7A-8. LITTER IN PARKS.
No person shall throw or deposit litter in any park within the city except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein. (Ord. 10371)
Dallas City Code § 7A-9 LITTER IN FOUNTAINS, LAKES, ETC.
SEC. 7A-9. LITTER IN FOUNTAINS, LAKES, ETC.
No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the city. (Ord. 10371)
Dallas City Code § 7A-10 THROWING, DISTRIBUTING, ETC., HANDBILLS IN PUBLIC PLACES.
SEC. 7A-10. THROWING, DISTRIBUTING, ETC., HANDBILLS IN PUBLIC PLACES.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the city; nor shall any person hand out or distribute or sell any commercial handbill in any public place. It shall not be unlawful on any sidewalk, street or other public place within the city for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it. (Ord. 10371)
Dallas City Code § 7A-11 PLACING HANDBILLS IN OR UPON VEHICLES.
SEC. 7A-11. PLACING HANDBILLS IN OR UPON VEHICLES.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle. It shall not be unlawful in any public place for a person to hand out or distribute, without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it. (Ord. 10371)
Dallas City Code § 7A-12 DEPOSITING HANDBILLS ON UNINHABITED OR VACANT PREMISES.
SEC. 7A-12. DEPOSITING HANDBILLS ON UNINHABITED OR VACANT PREMISES.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. (Ord. 10371)
Dallas City Code § 7A-13 DISTRIBUTION OF HANDBILLS WHERE POSTED OR INDICATED AS PROHIBITED.
SEC. 7A-13. DISTRIBUTION OF HANDBILLS WHERE POSTED OR INDICATED AS PROHIBITED.
No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises, if requested by anyone thereon not to do so, or if there is placed on such premises in a conspicuous position near the entrance thereof, a sign bearing the words “No Trespassing,” “No Peddlers or Agents,” No Advertisement,” or any similar notice indicating in any manner that the occupants of such premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises. (Ord. 10371)
Dallas City Code § 7A-14 MANNER OF DISTRIBUTION OF HANDBILLS TO INHABITED PREMISES.
SEC. 7A-14. MANNER OF DISTRIBUTION OF HANDBILLS TO INHABITED PREMISES.
No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises. In case of inhabited private premises which are not posted, as provided in this chapter, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other public places and except that mailboxes may not be so used when so prohibited by federal postal law or regulations.
(a) Exemption for mail and newspapers. The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers (as defined herein) except, that newspapers shall be placed on private property in such manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. (Ord. 10371)
Dallas City Code § 7A-15 DROPPING LITTER, ETC., FROM AIRCRAFT PROHIBITED.
SEC. 7A-15. DROPPING LITTER, ETC., FROM AIRCRAFT PROHIBITED.
No person in an aircraft shall throw out, drop or deposit within the city any litter, handbill or any other object. (Ord. 10371)
Dallas City Code § 7A-16 PROHIBITING THE POSTING OF NOTICES ON POLES, TREES, AND STRUCTURES; PRESUMPTIONS; DEFENSES.
SEC. 7A-16. PROHIBITING THE POSTING OF NOTICES ON POLES, TREES, AND STRUCTURES; PRESUMPTIONS; DEFENSES.
(a) A person commits an offense if he posts or affixes or causes to be posted or affixed any notice, poster, paper, or device, which is calculated to attract the attention of the public, to any lamp post, utility pole, telephone pole, cellular telephone pole, or tree that is located on any public right-of-way or other public property, or to any public structure or building.
(b) Whenever any notice, poster, paper, or device is posted or affixed, or caused to be posted or affixed, in violation of Subsection (a) of this section, it is presumed that the person whose address or telephone number is listed in the notice, poster, paper, or device, or who is otherwise named, described, or identified in the notice, poster, paper, or device, is the person who committed the violation, either personally or through an agent or employee.
(c) It is a defense to prosecution under Subsection (a) of this section that the notice, poster, paper, or device was posted or affixed in a manner and location authorized or required by another city ordinance or by state or federal law. (Ord. Nos. 10371; 23632)
Dallas City Code § 7A-17 THROWING OR DEPOSITING LITTER ON PRIVATE PREMISES.
SEC. 7A-17. THROWING OR DEPOSITING LITTER ON PRIVATE PREMISES.
A person commits an offense if he throws or deposits litter on any occupied private premises within the city, whether owned by the person or not, or in or on any gutter, parkway, sidewalk, or alley adjacent to the private premises; except, that the owner, occupant, or person in control of private premises may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, gutter, parkway, sidewalk, alley, or other public place or upon any private premises. (Ord. Nos. 10371; 20599)
Dallas City Code § 7A-18 DUTY TO MAINTAIN PREMISES FREE FROM LITTER.
SEC. 7A-18. DUTY TO MAINTAIN PREMISES FREE FROM LITTER.
An owner, occupant, or person in control of private premises commits an offense if he places, deposits, or throws; permits to accumulate; or permits or causes to be placed, deposited, or thrown, any litter on the premises or in or on any gutter or parkway adjacent to the premises or on one-half of that portion of an alley adjacent to the premises, unless the litter has been deposited in an authorized private receptacle for collection. (Ord. Nos. 10371; 13804; 20599)
Dallas City Code § 7A-19 DEPOSITING LITTER ON VACANT LOTS PROHIBITED.
SEC. 7A-19. DEPOSITING LITTER ON VACANT LOTS PROHIBITED.
A person commits an offense if he throws or deposits litter on any open or vacant private property within the city, whether owned by the person or not, or in or on any gutter, parkway, sidewalk, or alley adjacent to the private property. (Ord. Nos. 10371; 20599)
Dallas City Code § 7A-19.1 CITY REMOVAL OF LITTER FROM PRIVATE PREMISES; NOTICE REQUIRED.
SEC. 7A-19.1. CITY REMOVAL OF LITTER FROM PRIVATE PREMISES; NOTICE REQUIRED.
(a) Upon the failure of the owner, occupant, or person in control of private premises to comply with Section 7A-18 of this chapter, the director shall have the litter removed from the premises.
(b) Before having the litter removed, the director must notify the owner of the premises to bring the premises into compliance with Section 7A-18 within seven days. The notice must be in writing and may be served by handing it to the owner in person or by sending it United States regular mail, addressed to the owner at the owner’s address as recorded in the appraisal district records of the appraisal district in which the premises are located.
(c) If personal service to the owner cannot be obtained, then the owner may be notified by:
(1) publication at least once in the official newspaper adopted by the city council;
(2) posting the notice on or near the front door of each building on the premises to which the violation relates; or
(3) posting the notice on a placard attached to a stake driven into the ground on the premises to which the violation relates.
(d) If the director mails a notice to a property owner in accordance with Subsection (b) 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.
(e) In a notice provided under this section, the director may, by regular mail and by a posting on the property, inform the owner of the property on which the violation exists that, if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the city may, without further notice, correct the violation at the owner’s expense and then assess the expense against the property. If a violation covered by a notice under this subsection occurs within the one-year period, and the city has not been informed in writing by the owner of a change in ownership of the property, then the city may, without notice, take any action permitted by Subsection (a) and assess its expenses as provided in Section 7A-19.2.
(f) The director may issue citations and prosecute persons for violating Section 7A-18 regardless of whether a notice is issued under this section. (Ord. Nos. 22494; 25371)
Dallas City Code § 7A-19.2 CHARGES TO BE LEVIED AGAINST THE PREMISES; LIEN ON PREMISES FOR FAILURE TO PAY CHARGES.
SEC. 7A-19.2. CHARGES TO BE LEVIED AGAINST THE PREMISES; LIEN ON PREMISES FOR FAILURE TO PAY CHARGES.
(a) If the city removes litter on or from the private premises at the request of the owner or upon the failure of the owner to comply with the notice required under Section 7A-19.1, charges in the amount of the total actual costs incurred by the city in performing the work will be collected from the owner, or levied, assessed, and collected against the premises on which the work is performed. The charges will be collected by the city controller. The city controller shall file a statement by the director with the county clerk of the county in which the property is located setting out the actual costs incurred by the city, the name of the property owner if known, and a legal description of the property, as required by state law.
(b) At the time a statement is filed under Subsection (a) as required by state law, the city shall have a privileged lien against the premises, second only to tax liens and liens for street improvements, in the amount of the actual costs incurred, plus 10 percent interest on that amount from the date costs were incurred.
(c) The city may file a suit in an appropriate court of law to foreclose upon its lien and recover its actual costs incurred plus interest. The suit must be filed in the name of the city. The statement filed under Subsection (a), or a certified copy of the statement, is prima facie proof of the amount of actual costs incurred by the city. (Ord. Nos. 22494; 25371)
Dallas City Code § 7A-20 PENALTY FOR VIOLATION OF CHAPTER; ENFORCEMENT OF CHAPTER.
SEC. 7A-20. PENALTY FOR VIOLATION OF CHAPTER; ENFORCEMENT OF CHAPTER.
(a) Penalty for violation of chapter: A person who violates a provision of this chapter, or who fails to perform an act required of him by this chapter, commits an offense. A person is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued, or permitted.
(b) An offense under this chapter is punishable by a fine of not more than $2,000 nor less than:
(1) $50 for a first conviction of a violation of Section 7A-16, 7A-17, or 7A-19;
(2) $100 for a first conviction of a violation of Section 7A-18; and
(3) $200 for a first conviction of a violation of Section 7A-7.1.
(c) The minimum fines 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) Except where otherwise specified, a culpable mental state is not required for the commission of an offense under this chapter.
(e) Authority to enforce chapter: The director shall enforce this chapter when violations occur on private property; except that, when a fire hazard exists on private property, this chapter shall be enforced by the fire marshal. Any police officer of the city shall enforce this chapter when a violation occurs in a public place, and any member of the park patrol of the city is empowered to enforce this chapter when a violation occurs in any public park in the city.
(f) For the purpose of this section, DIRECTOR means the director of the department designated by the city manager to enforce and administer this chapter or the director’s authorized representative.
(g) As an alternative to imposing the criminal penalty prescribed in Subsection (b), the city may impose administrative penalties, fees, and court costs in accordance with Article IV-b of Chapter 27 of this code, as authorized by Section 54.044 of the Texas Local Government Code, for an offense under Section 7A-18 of this chapter. The alternative administrative penalty range for an offense is the same as is prescribed for a criminal offense in Subsection (b). (Ord. Nos. 10371; 12134; 13804; 17226; 19963; 20599; 25927)
Source: City of Dallas, Dallas City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-136694Fetched: 10/26/2026