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HomeMy WebLinkAboutORD 1994-010 CITY OF GRAPEVINE, TEXAS ��� ORDINANCE NO. 94-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF "� GRAPEVINE, TEXAS AMENDING CHAPTER 12, ARTICLE II, NUISANCES, OF THE CODE OF ORDINANCES OF THE CITY OF GRAPEVINE, TEXAS, BY PROVIDING FOR AMENDMENTS BY ADDING SECTION 12-21(B) , SPECIFIC NUISANCES, AND RENUMBERING THE EXISTING 12-21 AS 12-21(C) ; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500 .00) FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS. Section 1. That Chapter 12, Article II, Nuisances , of the Code of Ordinances of the City of Grapevine, Te$as, is hereby amended in the following particulars, and all other sections, subsections, paragraphs, definitions, words and phrases of said Chapter 12, Article II, Nuisances, are not amended but are hereby ratified, verified and affirmed: ��, A. That Section 12-21 Specific Nuisances is hereby amended by the addition of Subsection 12-21{b) , to read as follows : � " (1) Depositing Handbills on Uninhabited or Vacant Premises No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. (2) Prohibition of Distribution of Handbills to Inhabited Posted Premises (a) No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited and posted with a sign clearly visible from the front property line or 30 feet from the sign in the front yard, whichever is the least distance, which sign shall state "No Handbills - Prohibited by Grapevine Ordinance No. 94-10 " This provision does not prohibit the handing or transmitting of any such handbill directly to the owner, occupant or �� other person then present in or upon such premises . (b� Eaemption for mail and newspapers . The provisions of this section shall not apply to the distribution of �,:� 0999X/33 mail by the United States, nor to newspapers except, that newspapers shall be placed on private property in such � � manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. " � �3) Enforcement This ordinance shall be enforced by citizens of the City of Grapevine filing complaints in municipal court. Section 2. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to egceed Five Hundred Dollars ($500 . 00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 3 . If any section, paragraph or provision of this ordinance or the application thereto any person or situation is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this 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, Tezas are inadequate to � properly safeguard the health, safety, morals, peace and general welfare of the public creates an emergency which requires that this Ordinance become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED by the City Council of the City of Grapevine, Tezas this the lst day of Februarv , 1994 . �_ R.� Ted R. Ware, Mayor Pro Tem City of Grapevine, Texas ATTEST: � in a Huff, City cretary City of Grapevine, Tezas � -2- � 0999X/34 ,.,•,.�, APPROVED AS TO FORM: � ��e��--� 6-- John F. Boyle, J . , City At orney City of Grapevine, Tegas � � � -3- � 0999X/35