Sharpstown Civic Association, Inc.

The Association wrote about the problem in the May-June 2010 newsletter.

The Association wrote "We have a serious litter problem in our neighborhood caused by the H Chron." This is NOT correct.

I was reviewing state law and discovered that what the ad bag delivery man is doing is not considered littering. Littering applies only to waste material.  The ad bags are not waste material.

We can use the following law.

TRANSPORTATION CODE

CHAPTER 393. OUTDOOR SIGNS ON PUBLIC RIGHTS-OF-WAY

Sec. 393.001.  DEFINITION.  In this chapter, "sign" means an outdoor sign, display, light, device, figure, painting, drawing, message, plaque, poster, or other thing designed, intended, or used to advertise or inform.

Sec. 393.002.  SIGN PLACEMENT PROHIBITED.  Except as provided by Sections 393.0025 and 393.0026, a person may not place a sign on the right-of-way of a public road unless the placement of the sign is authorized by state law.

Sec. 393.0025.  MUNICIPAL AUTHORITY TO REGULATE SIGN PLACEMENT.  (a)  A person may not place a sign on the right-of-way of a road or highway maintained by a municipality unless the placement is authorized by the municipality.
(b)  This section does not apply to the right-of-way of a road or highway in the state highway system.


The ad bags are "signs".  The ad bags are "or other thing designed, intended, or used to advertise or inform"  The phrase "advertise or inform" covers both ads and news stories. The right-of-way of a public road goes all the way to the property line. The water meters are in the right-of-way.

I am confused by this law. Remember that the deputy constables can not enforce city ordinances. Can a deputy constable ticket the delivery man for violating "Sec. 393.002.  SIGN PLACEMENT PROHIBITED" or does "Sec. 393.0025.  MUNICIPAL AUTHORITY TO REGULATE SIGN PLACEMENT" prevent this? My opinion is "yes" after reading the law carefully.

All the Association has to do is notify the newspaper and inform them that if an ad bag does not land on private property (beyond the water meter) then our deputy constables are going to pull the driver over and ticket him or his passenger for placing a sign on the right-of-way of a public road.

Once the deputy constable issues a ticket he can follow the car to see if the problem continues.

If the driver keeps an eye out for deputy constables then volunteers can observe the violation and then call the deputy constables.

It is going to be almost impossible to throw a flimsy ad bag onto private property from a moving car. Most of the ad bags that I see never make it past the concrete sidewalk.

The Association wrote, "if you do the math for Sharpstown's 6,800+ homes, you can see the problem this is creating." Better yet let the ad bag delivery man "do the math" for 6800+ homes and fines of up to $500 per ad bag.

What if the newspaper decides to retaliate? They could notify Sharpstown subscribers that their subscriptions will be canceled for fear that the delivery man will be fined for not throwing your paid newspaper past the right-of-way.

The newspaper will probably retaliate because they will realize that other neighborhoods can use the same tactic. The newspaper will make an example out of Sharpstown by canceling subscriptions.