CHAPTER 217. MUNICIPAL REGULATION OF NUISANCES AND DISORDERLY CONDUCT
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.