HomeMy WebLinkAboutORD 1988-020 CITY OF GRAPEVINE
ORDINANCE NO. 88-20
AN ORDINANCE OF THE CITY OF GRAPEVINE,
TEXAS, AMENDING CHAPTER 12, ARTICLE II
RELATING TO NUISANCES BY ADDING A NEW
DIVISION 4 , PARKING LOT DUST; ADDING A NEW
SEC. 12-60 DECLARING A PUBLIC NUISANCE;
�'� ADDING A NEW SEC. 12-61 MAKING IT UNLAWFUL
TO PERMIT THE EMISSION OF DUST, SAND OR DIRT
FROM A PARKING LOT; AND ADDING A NEW SEC.
„�,,,,� 12-62 PROVIDING FOR A VIOLATION AND A
PENALTY OF FINE OF AN AMOUNT NOT TO EXCEED
TWO THOUSAND DOLLARS ($2, 000 . 00) FOR EACH
VIOLATION AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
OTHER ORDINANCES OF THE CITY; PROVIDING A
SEVERABILITY CLAUSE; DECLARING AN EMERGENCY
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, there exist within the City of Grapevine lots,
tracts of land or portions thereof that are used for parking or
� storing vehicles and that, from time to time, emit dust, sand
or dirt, thereby creating a hazard and being detrimental to the
health, safety and welfare of the general public by interfering
with the general comfort, health and cleanliness of the
inhabitants of the City of Grapevine; and
WHEREAS, the City Council of the City of Grapevine hereby
finds and determines that the emission of dust, sand or dirt
from such parking lots constitutes and is hereby declared to be
"�"'° a public nuisance and detrimental to the public health;
� NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GRAPEVINE, TEXAS, THAT:
Section 1 . Chapter 12, Article II of the City of
Grapevine Code of Ordinances relating to nuisances is hereby
amended by adding a new Division 4 relating to parking lot dust
which shall read as follows :
,
"DIVISION 4 : PARKING LOT DUST
; Sec . 12-60 . Nuisance.
A lot, tract of land or portion thereof
that is used for parking or storing vehicles
� and that, from time to time, emits dust ,
sand or dirt, thereby creating a hazard and
� being detrimental to the health, safety and
welfare of the general public by interfering
with the comfort, health and cleanliness of
� the City' s inhabitants, shall be and is
hereby declared a public nuisance.
"�"' Sec . 12-61 . Unlawful Emission of Dust, Sand
and Dirt .
I
+� It shall be unlawful for any person,
firm, corporation, partnership, association
I of persons, owner , agent or anyone having
supervision or control of any lot, tract of
land or portion thereof that is used for the
i parking or storing of vehicles, whether for
� a fee or otherwise, to permit such lot,
! tract of land or portion thereof to emit
� dust, sand or dirt therefrom.
Sec . 12-62 . Penalty.
Any person, firm, corporation,
partnership, association of persons, owner,
agent or anyone having supervision or
control of any lot, tract of land or portion
thereof that is used for parking or storing
vehicles violating any of the provisions of
this division shall be deemed guilty of a
misdemeanor and upon conviction thereof
+� •- shal l be f ined in a sum of not to exceed Two
Thousand Dollars ($2, 000 . 00) for each
violation and a separate offense shall be
,�, deemed committed upon each day during or on
which a violation occurs . "
Section 2 . This ordinance shall be cumulative of all
other ordinances of the City and shall not repeal any of the
provisions of said ordinances except in those instances where
provisions of those ordinances are in direct conflict with the
provisions of this ordinance.
Section 3 . If any section, article, paragraph,
sentence, clause, phrase or word in this ordinance, or
application thereof to any person or circumstance, is held
invalid or unconstitutional by a Court of competent
jurisdiction, such holding shall not affect the validity of the
remaining portions of the ordinance, and the City Council
hereby declares it would have passed such remaining portions of
the ordinance despite such invalidity, which remaining portions
shall remain in full force and effect .
Section 4 . The fact that the present ordinances and
regulations of the City of Grapevine, Texas, are inadequate to
properly safeguard the health, safety, morals, peace and
""'�'" general welfare of the inhabitants of the City of Grapevine,
Texas, creates an emergency for the immediate preservation of
�„ the public business, property, health, safety and general
welfare of the public which requires that this ordinance shall
become effective from and after the date of its passage and it
is accordingly so ordained.
PASSED AND APPROVED on the lst day of March , 1988 .
Mayor, City of Grapevine
ATTEST;
it Secret ry, ity of Grapevine
[SEAL]
�:�u
APPROVED AS TO FORM: �
�
�
City Attorney, City f Grapevine
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