CHAPTER 217. MUNICIPAL REGULATION OF NUISANCES AND DISORDERLY CONDUCT - Texas Statutes

LOCAL GOVERNMENT CODE

TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND

RELATED ACTIVITIES

SUBTITLE A. MUNICIPAL REGULATORY AUTHORITY

CHAPTER 217. MUNICIPAL REGULATION OF NUISANCES AND DISORDERLY

CONDUCT

SUBCHAPTER A. REGULATION BY TYPE A GENERAL-LAW MUNICIPALITY

Sec. 217.001. MUNICIPALITY COVERED BY SUBCHAPTER. This

subchapter applies only to a Type A general-law municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 217.002. NUISANCE. The governing body of the municipality

may:

(1) abate and remove a nuisance and punish by fine the person

responsible for the nuisance;

(2) define and declare what constitutes a nuisance and authorize

and direct the summary abatement of the nuisance; and

(3) abate in any manner the governing body considers expedient

any nuisance that may injure or affect the public health or

comfort.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 217.003. DISORDERLY CONDUCT. (a) The governing body of

the municipality may prevent and may punish a person engaging in:

(1) trespass or breach of the peace;

(2) assault, battery, fighting, or quarreling;

(3) use of abusive, obscene, profane, or insulting language; or

(4) other disorderly conduct.

(b) The governing body may suppress or prevent any riot, affray,

noise, disturbance, or disorderly assembly in any public or

private place in the municipality.

(c) The governing body may restrain or prohibit the firing of

firecrackers or guns, the use of a bicycle or similar conveyance,

the use of a firework or similar material, or any other amusement

or practice tending to annoy persons passing on a street or

sidewalk.

(d) The governing body may restrain or prohibit the ringing of

bells, blowing of horns, hawking of goods, or any other noise,

practice, or performance directed to persons on a street or

sidewalk by an auctioneer or other person for the purpose of

business, amusement, or otherwise.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

SUBCHAPTER B. REGULATION BY TYPE B GENERAL-LAW MUNICIPALITY

Sec. 217.021. MUNICIPALITY COVERED BY SUBCHAPTER. This

subchapter applies only to a Type B general-law municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 217.022. NUISANCE. The governing body of the municipality

shall prevent to the extent practicable any nuisance within the

limits of the municipality and shall have each nuisance removed

at the expense of the person who is responsible for the nuisance

or who owns the property on which the nuisance exists.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

SUBCHAPTER C. REGULATION BY HOME-RULE MUNICIPALITY

Sec. 217.041. MUNICIPALITY COVERED BY SUBCHAPTER. This

subchapter applies only to a home-rule municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 217.042. NUISANCE. (a) The municipality may define and

prohibit any nuisance within the limits of the municipality and

within 5,000 feet outside the limits.

(b) The municipality may enforce all ordinances necessary to

prevent and summarily abate and remove a nuisance.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.