2026-15 O - Amend Chapter 6 Section 6.03.002 Regulation of Weeds_Rubbish - ETJTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2026-15
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SECTION 6.03.002, "REGULATION OF WEEDS,
RUBBISH, BRUSH, AND OTHER OBJECTIONABLE, UNSIGHTLY, OR
UNSANITARY MATTER," OF ARTICLE 6.03, "MAINTENANCE OF
PROPERTY," OF CHAPTER 6, "HEALTH AND SANITATION," OF THE TOWN'S
CODE OF ORDINANCES BY DEFINING A NUISANCE AND ADDING A
PROVISION THAT AN AREA WITHIN 5,000 FEET OF THE TOWN'S
CORPORATE LIMITS MAY BE SUBJECT TO REGULATION; MAKING
FINDINGS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVINGS, AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE
AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town of Prosper, Texas ("Town"), is a home -rule municipality under the
laws of the State of Texas and is duly incorporated; and
WHEREAS, the Town possesses the full power of self-government, as authorized by the
Texas Constitution and the Town's duly adopted Charter; and
WHEREAS, as an additional means to address complaints related to high grass and
weeds, and other unsightly and unsanitary conditions, it is necessary to amend the Town's
current noise ordinance and nuisance provisions as set forth in this Ordinance; and
WHEREAS, pursuant to Texas Local Government Code Section 217.022, the
governing body of a municipality may undertake measures to address any nuisance within the
limits of the municipality; and
WHEREAS, the Town, as a home -rule municipality, pursuant to Texas Local Government
Code Section 217.042, may define and prohibit any nuisance within the limits of the municipality
and within five thousand feet (5,000') outside the corporate limits of the municipality and further,
may enforce all ordinances necessary to prevent and summarily abate and remove a declared
nuisance; and
WHEREAS, the Town Council has determined that this Ordinance is in the best interests
of the Town and the health, safety and welfare of its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
From and after the effective date of this Ordinance, Section 6.03.002, "Regulation of
weeds, rubbish, brush, and other objectionable, unsightly, or unsanitary matter," of Article 6.03,
"Maintenance of Property," of Chapter 6, "Health and Sanitation," of the Town's Code of
Ordinances is hereby amended to read as follows:
"§ 6.03.002. Regulation of weeds, rubbish, brush, and other objectionable, unsightly, or
unsanitary matter.
(a) The owner or occupant of any property or a portion thereof, occupied or unoccupied, shall
not keep, store, allow, maintain, permit, or accumulate upon any property any refuse, trash
and debris, stagnant water, filth, carrion, junk, garbage, impure or unwholesome matter,
or objectionable, unsightly, or unsanitary matter that:
(1) Is visible from a street or alley;
(2) Creates or may create an unsanitary condition likely to attract or harbor mosquitoes,
rodents, vermin, or disease carrying pests; or
(3) Emits a noxious odor.
(b) The owner or occupant of any property or a portion thereof, occupied or unoccupied,
within the town, shall not allow, maintain, or permit upon any property grass, weeds,
brush, or other unsightly vegetation to grow thereon to a height greater than 12 inches.
Such property shall include the area between the property and the curb or edge of
pavement of any adjacent street or alley. With respect to uncultivated or agricultural
properties, the owner or occupant of such property shall be required to maintain grass,
weeds, brush, or other unsightly vegetation to a height less than 12 inches only within 100
feet of any adjacent street, alley, or property of different ownership.
(c) A violation of this Section 6.03.002 is hereby declared to be a nuisance if it exists within
the corporate limits of the town or within 5,000 feet of such limits. It shall further be
unlawful for a person who owns, manages, or controls a property to allow such property
to be used in a manner that violates this section."
SECTION 4
Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared
unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any
and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby
declares that it would have passed this Ordinance, and each section, subsection, sentence,
clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, and phrases be declared unconstitutional or invalid.
SECTION 5
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution from being
Ordinance 2026-15, Page 2
commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining
portions of said ordinances shall remain in full force and effect.
SECTION 6
Any person, firm, corporation, or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of five hundred dollars ($500.00), and each and every day such violation shall continue shall
constitute a separate offense.
SECTION 7
This Ordinance shall become effective after its adoption and publication as required by
law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 24TH DAY OF MARCH, 2026.
ATTEST:
S1. e.-a
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
David F. Bristol, Mayor
Ordinance 2026-15, Page 3