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Abilene, TX Trash & Recycling: Illegal Dumping (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Local ordinance
Adopts state Act in full
State authority adopted
Health & Safety Code Ch. 365
Enforcing officers
Peace, Code, Environmental Enforcement
Standard nuisance notice
10 days
General Ch. 19 penalty
Excluded for § 19-45

Summary

Abilene has no separate homegrown illegal-dumping ordinance; instead, Code of Ordinances § 19-45 adopts the entire Texas Litter Abatement Act, Health and Safety Code Chapter 365, word for word as the City's own law. That makes every enforcement tool, definition, and penalty in the state Act directly enforceable inside Abilene by the officers Chapter 19 designates as Administrator.

Sec. 19-45. - Texas Litter Abatement Act—Adopted. Whereas, it is the desire of the City of Abilene, Texas to prevent illegal dumping within the City, and to eliminate and abate the health and safety hazards associated with and attributable to such illegal dumping, the City of Abilene hereby adopts Chapter 365, the Texas Litter Abatement Act, of V.T.C.A., Health and Safety Code Ch. 365, in its entirety herein, and as amended, and it shall serve as the City's ordinance for illegal dumping.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 14).

Full Breakdown

Chapter 19 of Abilene's Code of Ordinances is titled 'Nuisances and Illegal Dumping,' and its stated purpose under § 19-1 is to protect public health, safety, environment, and general welfare through regulation of nuisances and illegal dumping. A. ' That wording mirrors how the same chapter handles junked vehicles: § 19-2 separately adopts Transportation Code Chapter 683 wholesale as Abilene's junked-vehicle ordinance. Because the dumping ordinance is the state Act itself, enforcement in Abilene draws on the definitions and penalty tiers written into Chapter 365 rather than a locally set fine schedule; Chapter 19's own default penalty clause, § 19-32, expressly carves illegal dumping under § 19-45 out of its general Class C misdemeanor and dollar-amount structure, leaving the state Act's own criminal classifications to control instead.

Enforcement on the ground is carried out by the Administrator as defined in § 19-3, a term that covers City of Abilene Peace Officers, Firefighters, Code Enforcement Officers, Environmental Enforcement Officers, and the Public Health Authority or City Manager or their designees. Because illegal dumping is also folded into Chapter 19's general nuisance findings, a dump site can additionally be pursued as a nuisance under the chapter's notice-and-abatement procedure in Article III, which requires ten days' written notice to the property owner or the person responsible before the City abates the condition and bills the cost, unless the site presents an immediate danger to health and safety that lets the Administrator act without waiting for notice first.

Violations & Fines

Because § 19-45 adopts the Texas Litter Abatement Act outright, an illegal-dumping charge in Abilene is prosecuted under the criminal classifications written into Health and Safety Code Chapter 365 rather than Chapter 19's standard Class C misdemeanor and fine schedule, which § 19-32 expressly excludes illegal dumping from. Peace officers, Code Enforcement Officers, and Environmental Enforcement Officers, all defined as 'Administrator' under § 19-3, can also pursue a dump site as a nuisance, abating it after ten days' notice or immediately if it endangers health or safety.

Frequently Asked Questions

Does Abilene have its own illegal-dumping law?
Not a separate one. Code of Ordinances § 19-45 adopts the Texas Litter Abatement Act, Health and Safety Code Chapter 365, in its entirety as the City's illegal-dumping ordinance, so the state Act's rules apply directly inside city limits.
Who enforces illegal dumping in Abilene?
The 'Administrator' under § 19-3, which includes City of Abilene Peace Officers, Firefighters, Code Enforcement Officers, Environmental Enforcement Officers, and the Public Health Authority or City Manager or their designees, all of whom can investigate and act on a dumping complaint.
What penalty applies to illegal dumping in Abilene?
Not Chapter 19's usual Class C misdemeanor fine schedule; § 19-32 specifically excludes § 19-45 from that default. Instead, penalties follow the criminal classifications set out in the adopted Texas Litter Abatement Act itself, Health and Safety Code Chapter 365.
Can the City clean up a dump site on my property?
Yes, treating it as a nuisance under Chapter 19's abatement procedure. You normally get ten days' written notice to correct the condition first, but if it is an immediate danger to health or safety, the Administrator can abate it without waiting for notice.

Sources & Official References

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