Tuesday, June 30, 2020

City of Austin to Decide Whether It Will Post Sign Warning Beer-Bottle Smashers on Sidewalk Along Eastern Side of North Plaza Drive About One Block South of East Rundberg Lane in northeast Austin

I am grateful to Austin 311 telephone reference staff member Josh for stating to me on the telephone at about 6 p.m. on June 16, 2020, that he was willing to contact the City Government of Austin agency with legal authority over the placement of signs and ask that department if it can post a warning sign near the sidewalk along the east side of North Plaza Drive about one block south of East Rundberg Lane. The departmental office with legal authority to install a warning sign along North Plaza Drive is the Austin Department of Transportation Signs & Markings Division, according to Austin 311 staff member Josh.
https://www.austintexas.gov/department/signs-markings
I mentioned to Josh that I hope the message on the proposed warning sign from the City of Austin will be in English and in Spanish. My hope is that the proposed warning sign along the sidewalk at this location will declare: "Warning: If You Smash a Bottle Or Otherwise Litter on or near the Sidewalk, You can be Charged with a Misdemeanor Crime and Be Ordered to Pay a Fine Up to $500." After I watched a young boy age 5 or younger walk with his mother this evening on the sidewalk along the east side of North Plaza a bit south of Rundberg --- a portion of that sidewalk where minutes later I counted an estimated 50 total shards of green glass from a broken beer bottle lying on the sidewalk this evening--- I also need to find out if state law in Texas imposes a criminal penalty on individuals whose littering practices ENDANGER THE SAFETY OF PEDESTRIANS, JOGGERS, BICYCLISTS, OR MOTORISTS. According to Austin 311 staff member Tanika, who offered me this information about about 9:15 p.m. this Tuesday (June 16), the City Clerk's Office, phone number 512-974-2210, can provide information over the telephone in regard to whether any current City of Austin ordinance imposes penalties for littering practices that endanger the safety of others. There may also be a current state law in Texas that addresses that specific issue. I left a voice mail message on this with the City Clerk's Office at 3:32 p.m. this Wednesday, June 17, after no member of their staff answered my phone call. The current anti-littering law in Texas reportedly states: "Litter weighing five pounds or less is a class C misdemeanor, punishable by a fine up to $500. If between five and 500 pounds, class B misdemeanor punishable by a fine up to $500, imprisonment up to 30 days, or both. If between 500 and 1,000 pounds or for a commercial purpose, class A misdemeanor punishable by a fine up to $4,000, imprisonment up to one year, or both. State jail felony if the litter to which the offense applies: (1) weighs 1,000 pounds or more; (2) disposed of for a commercial purpose and weighs 200 pounds or more; or (3) contained in a closed barrel or drum. Punishable by imprisonment up to two years and a fine up to $10,000. (See Tex. Penal Code §12.21 et seq.)"

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