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,
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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;
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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
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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:
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"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."
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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.
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(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."
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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.
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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.
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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
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