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Fate council asks staff to draft ordinance limiting unsecured bagged flyer distribution

3619505 · May 19, 2025
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Summary

Council directed staff to prepare an ordinance addressing unsecured bagged flyers left on streets or curbs; the item stems from citizen complaints about litter and stormwater pollution and staff cited the city’s Phase II TCEQ stormwater permit as a relevant consideration.

Councilmembers on May 19 directed city staff to prepare an ordinance to address distribution of unsecured bagged flyers left on streets, curbs or driveways. The item followed multiple resident complaints that contractors distributing multi‑retailer advertising in plastic bags leave stacks or loose flyers in the public right‑of‑way.

Why it mattered: Councilmembers and staff cited stormwater and litter concerns — wet or torn flyers can clog drains and contribute to nonpoint pollution. Staff noted the city’s Phase II TCEQ stormwater permit credits local actions that reduce litter in streams.

What the council asked staff to do: staff said political, religious and press‑related distribution cannot be banned because of First Amendment considerations; the proposed ordinance would focus narrowly on unsecured bagged distributions that are left in the public right‑of‑way. Councilmembers asked staff to draft language that covers unsecured bagged distributions and to return with an enforceable ordinance.

Enforcement and scope: staff and council discussed enforcement practicalities. Possible enforcement options include initial notices to distribution firms, code‑enforcement complaints, and citations if the problem continues; police may be able to stop vehicles observed in violation. The council did not vote; direction was to draft language and bring it back for consideration.