HomeMy WebLinkAboutORD 1983-071 CITY OF GRAPEVINE, TEXAS
ORDINANCE NO. 83-71
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 A-
MENDING CHAPTER 12, ARTICLE I, AND ARTICLE II DNISIONS
1 AND 3, RELATING TO HEALTH �ND SANITATION BY A-
MENDING SECTIONS 12-2, 12-21, 12-26, AND 12-59; BY A-
MENDING SECTION 20 OF APPENDIX A - ZONING RELATING TO
PENALTY FOR VIOLATION; BY AMENDING SECTION 54 OF
APPENDIX D - ZONING RELATING TO PENALTY; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTNE DATE AND
DECLARING AN EMERGENCY
NOW, THEREFORE, BE IT ORDAINED BY TH� CITY COUNCIL OF THE
CITY OF GRAPEVINE, TEXAS:
Section 1. That Chapter 1 of the City Code of the City of Grapevine,
Texas relating to General Provisions is hereby amended in the following
particulars and all other existing Sections, Subsections, Paragraphs, Sentences,
Definitions, Phrases and Words of said City Code are not amended but shall
remain intact and are hereby ratified, verified and affirmed:
A. That Section 1-6 is amended to read as follows:
"Sec� 1-6. General penalty; continuing violations.
Whenever in this Code or in any ordinance of the city
that governs fire safety, zoning, and public health and
sanitation other than vegetation and litter violations,
an act is prohibited or is made or declared to be
unlawful, an offense, or a misdemeanor, or wherever
in such Code or ordinance the doing of any act is
required, other than duties of city officers and
employees, or the failure to do any act is declared to
be unlawful, where no specific penalty is provided
therefor, 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), the violation of any other provision of
this Code or any such ordinance that governs all other
violations shall be punished by a fine in a sum not to
exceed Two Hundred Dollars ($200.00); 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."
Section 2. That Ctiapter 12, Article I of the City Code of the City of
Grapevine, Texas, relating to Health and Sanitation is hereby amended in the
following particulars and all other existing Sections, Subsections, Paragraphs,
Sentences, Definitions, Phrases and Words of said City Code are not amended
but shall remain intact and are hereby ratified, verified and affirmed:
� A. That Section 12-2 is amended to read as follows:
I "Sec. 12-2. Same-penalty for violation.
Any person 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
fined in a sum not to exceed One Thousand Dollars
($1,000.00), and a separate offense shall be deemed
committed upon each day during or on which a
violation occurs or continues."
Section 3. That Chapter 12, Article II of the City Code of the City of
Grapevine, Texas, relating to Health and Sanitation is hereby amended in the
following particulars and all other existing Sections, Subsections, Paragraphs,
Sentences, Definitions, Phrases and Words of said City Code are not amended
but shall remain intact and are hereby ratified, verified and affirmed:
, A. That the introductory paragraph of Section 12-21 of Divisior� 1 is
amended to read as follows: •
"Sec. 12-21. Specific nuisances.
The following are declared to be nuisances and shall
be abated, and 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, upon conviction thereof, be fined in a sum not
to exceed Two Hundred Dollars ($200.00) for vege�
tation and litter violations and in a sum not to exceec]
One Thousand Dollars ($1,000.00) for all other viola-
tions, and a separate offense shall be deemed com-
mitted upon each day during or on which a violation
occu.rs or continuese"
B, That Section 12-26 of Division 1 is amended to read as followse
; "Sec. 12-26. Violations � Penalty prescribed.
Notwithstanding the abatement by the city of any
prohibited condition, any person who shall violate any
of the provisions of this article shall be guilty of a
misdemeanor, and upon conviction thereof shall be
fined in a sum not to exceed Two Hundred Dollars
($200.00) for vegetation and litter violations and in a
sum nat to exceed One Thousand Dollars ($1,000°00)
for all other violations, and a separate offense shall
be deemed committed upon each day during� or on
which a violation occurs or continuese
C. That Section 12-59 of Division 3 is amended to read as follows:
"Sec. 12-59. Penalty.
- Any person 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 Two Hundred Dollars ($200.00) for vegetation
and litter violations and in a sum not to exceed One
Thousand Dollars ($1,000.00) for all other violations,
and a separate offense shall be deemed committed
upon each day during or on which a violation occurs
or continues after the notice period provided herein
has expired. The court shall order removal and
abatement of the nuisance.
� Section 4. That Section 20 of Appendix A-Zoning of the City Code of the
City of Grapevine, Texas, relating to Penalty for Violation is hereby amended in
the following particulars and all other existing Sections, Subsections, Paragraphs,
Sentences, Definitions, Phrases and Words of said City Code are not amended
but shall remain intact and are hereby ratified, verified and affirmed:
A. That Section 20 is amended to read as follows:
"Sec. 20. Penalty for violation.
20-100 Any person or corporation who shall violate
any of the provisions of this ordinance or fail to
comply therewith, or with any of the require;;��ents
thereof, or who shall build or alter any building or use
in violation of any detailed statement or plan sub-
mitted and approved hereunder, shall be guilty of a
misdemeanor and upon conviction thereof shall be
fined in a sum not to exceed One Thousand Dollars
($1,000.00), and a separate offense shall be deemed
committed upon eacn day during or on which a
violation occurs or continues. The owner or owners
of any building or premises, or part thereof, where
anything in violation of this ordinance shall be placed
� or shall exist, and any architect, builder, contractor,
� agent, person, or corporation employed in connection
therewith, and who may have assisted in the commis-
sion of any such violationy shall be guilty of a
separate offense and upon conviction shall be fined as
herein providede The City of Grapevine9 likewise,
shall have the power to enforce the provisions of this
ordinance through civil cour� action as provided by
state law."
Section 5. That Section 54 of Appendix D-Zoning of the City Code of the
City of Grapevine, Texas, relating to Penalty is hereby amended in the following
particulars and all other existing Sections, Subsections, Paragraphs, Sentences,
Definitions, Phrases and Words of said City Code are not amendecl but shall
remain intact and are hereby ratified, verified and affirmed:
A. That Section 54 is amended to read as follows:
"Seco 54. Penaltyo
� 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 exceed One Thousand Dollars ($1,OOQ.00) and a
separate offense shall be deemed committed upon
each day during or on which a violation occurs or
continuese"
Section 6. If any section, article, paragraph, sentence, clause, phrase or
word in this ordinance, or application thereto any person or circumstance is held
invalid or unconstitutional by a Court of competent jurisdietion 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 7. 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
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 P]ovember ,
1983.
� �
� Mayor, City of Grapevine, Texas
ATTEST:
,'"i _ •-
_1� . ��;
City Secretary, City�of Grapevine, Texas
[SEAL]
APPROVED AS TO FORM:
City Attorney, City o Grap ne, exas