2005 Texas Local Government Code CHAPTER 217. MUNICIPAL REGULATION OF NUISANCES AND DISORDERLY CONDUCT

LOCAL GOVERNMENT CODE

CHAPTER 217. MUNICIPAL REGULATION OF NUISANCES AND DISORDERLY 
CONDUCT

SUBCHAPTER A. REGULATION BY TYPE A GENERAL-LAW MUNICIPALITY


	§ 217.001. MUNICIPALITY COVERED BY SUBCHAPTER.  This 
subchapter applies only to a Type A general-law municipality.

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


	§ 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, § 1, eff. Sept. 1, 1987.                    


	§ 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, § 1, eff. Sept. 1, 1987.                    

SUBCHAPTER B. REGULATION BY TYPE B GENERAL-LAW MUNICIPALITY


	§ 217.021. MUNICIPALITY COVERED BY SUBCHAPTER.  This 
subchapter applies only to a Type B general-law municipality.

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


	§ 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, § 1, eff. Sept. 1, 1987.                    

SUBCHAPTER C. REGULATION BY HOME-RULE MUNICIPALITY


	§ 217.041. MUNICIPALITY COVERED BY SUBCHAPTER.  This 
subchapter applies only to a home-rule municipality.

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


	§ 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, § 1, eff. Sept. 1, 1987.