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HomeMy WebLinkAboutORD 1985-046 THE CITY OF GRAPEVINE, TEXAS ORDINANCE NO. 85-46 AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF GRAPEVINE, TEXAS, BY AMENDING CHAPTER 1, RELATING TO GENERAL PROVISIONS BY AMENDING SECTION 1-6; BY �-_� AMENDING CHAPTER 11, ARTICLE III, RELATING TO FIRE PROTECTION AND PREVENTION BY AMENDING SECTION 11-41; BY AMENDING CHAPTER 12, ARTICLE I AND ARTICLE II, �,� RELATING TO HEALTH AND SANITATION BY AMENDING SEC- TIONS 12-2, 12-21, 12-26, AND 12-59; BY AMENDING CHAPTER 16, ARTICLE III, RELATING TO PARKS AND RECREATION BY AMENDING SECTION 16-55; BY AMENDING CHAPTER 17, RE- LATING TO PEDDLERS AND SOLICITORS BY AMENDING SEC- TION 17-14 (a); BY AMENDING CHAPTER 25, ARTICLE II, DNISION 3, RELATING TO INDUSTRIAL WASTES BY AMENDING SECTION 25-85; PROVIDING AN EFFECTNE DATE AND DE- CLARING AN EMERGENCY WHEREAS, Article 1011, V.A.T.C.S., was recently amended by Texas H.B. 1070, 69th Leg., (1985), to increase the fine or penalty for violations of all rules, ordinances, and police regulations governing fire safety, zoning, or public health and sanitation, including dumping of refuse, to One Thousand Dollars ($1,000.00), and WHEREAS, the City Council hereby determines it is in the best interest of the citizens of the community to amend the appropriate sections of the Code of Ordinances of the City of Grapevine, Texas, to provide for the increased maximum fine or penalty for each violation. �"'`'''" NOW, THEREFORE, BE IT OR,DAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS; �� Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. Section 2. That the Code of Ordinances of the City of Grapevine, Texas, as amended, be and the same is hereby amended in the following particulars to provide for an increased maximum fine or penalty and all other existing sections, subsections, articles and chapters of said Code of Ordinances are not amended, but shall remain intact and are hereby ratified, verified and affirmed. A. That Section 1-6 of Chapter 1 is hereby amended to read as follows: "Section 1-6. General penalty; continuing violations. Whenever in this Code or in any Ordinance of the City an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code or Ordinance by the doing of any act as required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefore, the �"' violation of any such provision of this Code or any such Ordinance shall be punished by a fine in a sum not to exceed One Thousand Dollars ($1,000.00) for each offense relating to fire safety, zoning, or public health and sanitation, including dumping of refuse, nor to exceed Two Hundred Dollars ($200.00) for each offense for al.l other violations; provided, however, that where the offense is one for which a penalty is fixed by state law, the penalty for such offense shall be the same as fixed by state law. Each day any violation of this Code or other Ordinance of the City shall continue shall constitute a separate offense unless otherwise provided." B. That Section 11-41, Article III, Chapter 11, is hereby amended to read as follows: "Section 11-41. Penalty for violation of code. Any person, firm or corporation violating any of the terms and provisions of the fire code shall be deemed guilty of a mis- demeanor, and upon conviction thereof shall be punished by a fine in a sum not to exceed One Thousand Dollars ($1,000.00) for each � - offense relating to fire safety, zoning, or public health and sanitation, including dumping of refuse, nor to exceed Two Hundred Dollars ($200.00) for each offense for all other violations and a �,� separate offense shall be deemed committed upon each day during or on which a violation occurs." C. That Section 12-2, Article I, Chapter 12, is hereby amended to read as follows: "Section 12-2. Same - Penalty for violation. Any person, firm or corporation violating any of the terms and provisions of the food service manual shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine in a sum not to exceed One Thousand Dollars ($1,000.00) for each offense relating to fire safety, zoning, or public health and sanitation, including dumping of refuse, nor to exceed Two Hundred Dollars ($200.00) for each offense for all other violations and a separate offense shall be deemed committed upon each day during or on which a violaton occurs." D. That the Introductory paragraph of Section 12-21, Division 1, Article II, Chapter 12 is hereby amended to read as follows: ��,,,. "Section 12-21. Specific nuisances. The following are declared to be nuisances and shall be abated, and ,�r x, any persons guilty of performing any of the acts herein set out, or of causing any such nuisances, or of permitting or suffering any of them to remain upon his premises, or in any building occupied by or controlled by him, or on any public thoroughfare immediately adjacent to such premises shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be subject to a fine in a sum not to exceed One Thousand Dollars ($1,000.00) for each offense relating to fire safety, zoning, or public health and sanitation, including dumping of refuse, nor to exceed Two Hundred Dollars ($200.00) for each offense for all other violations and a separate offense shall be deemed committed upon each day durin� or on which a violation occurs. These fines shall be in addition to and cumulative of the provisions for the abatement of the nuisance by correcting such insufficient maintenance or dangerous condition to persons or property, as well as all other costs provided for by this article." E. That Section 12-26, Division 1, Article II, Chapter 12 is hereby amended to read as follows: "Section 12-26. Violations - Penalty prescribed. '"�`�� Any person, firm or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be subject to a fine in a sum not to � exceed One Thousand Dollars ($1,000.00) for each offense relating to fire safety, zoning, or public health and sanitation, including dumping of refuse, nor to exceed Two Hundred Dollars ($200.00) for each offense for all other violations and a separate offense shall be deemed committed upon each day during or on which a violation occurs. These fines shall be in addition to and cumulative of the provisions for the abatement of the nuisance by correcting such insufficient maintenance or dangerous condition to persons or property, as well as all other cost provided for by this article." - 2 - F. That Section 12-59, Division 3, Article II, Chapter 12, is hereby amended to read as follows: "Section 12-59. Penalty. Any person, firm or corporation violating any of the provisions of this division shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed One ,�.:,� Thousand Dollars ($1,000.00) for each offense relating to fire safety, zoning or public health and sanitation, including dumping of refuse, nor to exceed Two Hundred Dollars ($200.00) for each offense for all other violations and a separate offense shall be � deemed committed upon each day during or on which a violation occurs." G. That Section 16-55, Article III, Chapter 16, is hereby amended to read as follows: "Section 16-55. Penalties and enforcement. Any person, firm or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed One Thousand Dollars ($1,000.00) for each offense relating to fire safety, zoning or public health and sanitation, including dumping of refuse, nor to exceed Two Hundred Dollars ($200.00) for each offense for all other violations and a separate offense shall be deemed committed upon each day during or on which a violation occurs." H. Section 17-14 (a), Chapter 17 is hereby amended to read as � follows: � - "Section 17-14. Penalties; civil remedies; license for- feiture. �..� (a) Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed One Thousand Dollars ($1,000.00) for each offense relating to fire safety, zoning, or public health and sanitation, including dumping of refuse, nor to exceed Two Hundred Dollars ($200.00) for each offense for all other violations and a separate offense shall be deemed committed upon each day during or on which a violation occurs." I. Section 25-85(a), Division 3, Article II, Chapter 25 is hereby amended to read as follows: "Section 25-85. Penalty. (a) Any person who violates any of the provisions of this division shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed One Thousand Dollars ($1,000.00) for each offense relating to fire safety, zoning, or public health and sanitation, including dumping of refuse, nor to exceed Two Hundred Dollars ($200.00) for each � offense for all other violations and a separate offense shall be deemed committed upon each day during or on which a violation occurs." +rM�r Section 3. If any section, article, division, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances 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 despite such invalidity, which remaining portions shall remain in full force and effect. - 3 - 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 become effective from and after the date of its passage and it is accordingly so ordained. �� PASSED AND APPROVED this the 17th day of September , 1985. ayor, City o Grapevine, Texas ATTEST: Cit Secretary, Ci y of Grapevine, Texas [SEAL] APPPtiO��'�D AS TO FORM: City Attorney, City of Gra ine, exas � . �� � - 4 -