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HomeMy WebLinkAboutORD 1993-027 � ORDINANCE NO. 93-27 � AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 11 FIRE PROTECTION AND PREVENTION, ARTICLE IV FIREWORKS BY THE ADDITION OF A NEW SUBSECTION 6 UNDER SECTION 11-51 PROVIDING FOR THE DEFINITION OF THE PROHIBITIONS; PROVIDING A SEVERABILITY CLAUSE; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO , THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH OCCURRENCE SUCH VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1 . That Chapter 1 1 Fire Protection and Prevention, Article IV, Section *��° 1 1-50 of the Grapevine Code of Ordinances is hereby amended by the addition of the ; following definition: , � "Possession, for the purpose of this article, shall be held to mean the actual care, custody, control or management." Section 2. That Chapter 11 Fire Protection and Prevention, Article IV, Section 11-51 of the Grapevine Code of Ordinances is hereby amended by the addition of a new subsection 1 1-51 (6) to read as follows: Section 1 1-51 Prohibitions "(6) The possession of any fireworlc(s) is prohibited except as authorized in Division 2 of this article.° Section 3. That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect; provided, however, that the ordinance or ordinances under which the cases currently filed and pending in the Municipal Court of the City of Grapevine, Texas shall be deemed repealed only when all such cases filed and pending under such ordinance or � ordinances have been disposed of by a final conviction or a finding of not guilty or nolo contendere or dismissal. �, Section 4. Any person, firm or corporation 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 Two Thousand Dollars (52,000.00) and a � # separate offense shall be deemed committed upon each occurrence of the violation. Section 5. 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 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 6. 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 public creates an emergency 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 BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 15th day of June , 1993. APPROVED: �� � � � ���� William D. Tate Mayor ATTEST: Lin Huff City Secretary APPROVED AS TO FORM: i : � John F. Boyle, Jr. ! ""�"" City Attorney f � � t I i 2 � � �