| Purpose |
Establish
minimum standards of sanitation in
the state and to provide for the
protection of these standards |
| Applicable In |
Everywhere
in Texas, including cities, towns,
and unincorporated areas |
| Venue |
The
county in which the offense occurs
or in which the defendant lives |
| Criminal
Penalties |
a. Violator
given "reasonable time"
to abate by officer;
b. 1st conviction: $10 to
$200 fine by JP or Municipal
Court;
c. Subsequent conviction
within one year: $10 to $1,000
fine and/or up to 30 days in jail |
| Civil
Penalties |
a.
$10 to $200 per day for each
violation and for each day of
violation;
b. $10 to $1,000 per day if
person has previously violated
section;
c. Local governments may
bring a civil suit for injunctive
relief and impose a civil penalty |
| Of
Interest |
a.
Each day of a continuing nuisance
is a separate offense;
b. Addresses twelve
health nuisance situations other
than dumping in Section 341.011,
but can be effectively used to
fight illegal dumping;
c. Directly enforceable by
any peace officer or public health
officer;
d. Anyone can file a
complaint with the local health
authority named in Section
341.012;
e. People in Texas
possessing property have a
positive duty s described in
Section 341.012 (a) to abate
public health nuisances on the
property as soon as he or she
knows the public health nuisance
exists;
f. Section 341.013
specifically addresses garbage,
refuse and other waste;
g. Violations of Section
341.011 (having one of the twelve
named conditions on property one
possesses) requires the officer to
follow the process involving the
"local health authority"
described in Section 341.012;
however, violations of Section
341.013 for garbage, refuse and
other waste apparently are
violations in themselves not
requiring the officer to follow
the steps in Section 341.012;
h. Note Section 341.013 (e):
"A person may not permit
vacant or abandoned property owned
or controlled by the person to be
in a condition that will create a
public health nuisance or other
condition prejudicial to the
public health."
|
| Evaluation |
a.
The usefulness of this law in
fighting illegal dumping may
depend on the willingness of the
"local health authority"
to get involved and the
willingness of local prosecutors
to act. Sometimes the "local
health authority" is
difficult to locate and motivate
in a smaller city or county;
b. Note that Section 341.013
can apparently be enforced to
address illegal dumping without
getting a local health authority
involved. Check with your
prosecutor to see if his or her
reading of the law supports this
contention;
c. Although the initial
fines are small, the "each
day of a continuing violation is a
separate offense" provision
makes this law a very useful tool
in stopping illegal dumping. Note
that Health & Safety Chapter
365 (Texas Litter Abatement Act)
does not have the "each day
..." provision. |