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AN ORDINANCE AMENDING SECTION 1-6, CODE OF THE CITY OF
FORT WORTH (1986), AS AMENDED, BY RAISING THE AMOUNT OF
MAXIMUM FINES FOR VIOLATIONS OF CITY ORDINANCES;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVID-
ING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; PROVIDING FOR PUBLICATION A5 REQUIRED
BY LAW; AND NAMING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1.
That Section 1-6 of the Code of the City of Fort Worth
(1986), as amended, is hereby amended to read as follows:
"Whenever in this Code or in any ordinance of the City
an act is prohibited or is made or declared to be unlaw-
ful or an offense or a misdemeanor, or whenever in such
Code or ordinance the doing of any act is required or
the failure to do any act is declared to be unlawful,
and no specific penalty is provided therefor the viola-
tion of any such provision of this Code or any such
ordinance shall be punished by a fine. No fine shall
exceed Two Thousand Dollars ($2,000.00) for violations
of all such rules, ordinances and police regulations
that govern fire safety, zoning and public health and
sanitation, including dumping of refuse, nor exceed
Five Hundred Dollars ($500.00) for all other violations.
No penalty shall be greater or less than the penalty
provided for the same or a similar offense under the
laws of the state. Each day any violation of this Code
or of any ordinance shall continue shall constitute a
separate offense."
SECTION 2.
This ordinance shall be cumulative of all provisions of
ordinances and of the Code of the City of Fort Worth, Texas
(1986), as amended, except where the provisions of this ordinance
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are in direct conflict with the provisions of such ordinances and
such Code, in which event conflicting provisions of such
ordinances and such Code are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and
phrases of this ordinance are severable, and if any phrase,
clause, sentence, paragraph or section of this ordinance shall be
declared unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, such unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would
have been enacted by the City Council without the incorporation
in this ordinance of any such unconstitutional phrase, clause,
sentence, paragraph or section.
SECTION 4.
The City Secretary of the City of Fort Worth is hereby
directed to engross and enroll this ordinance by copying the
caption and Sections 1 and 6 in the minutes of the City Council
and by filing the ordinance in the ordinance records of the City.
SECTION 5.
The City Secretary of the City of Fort Worth, Texas, is
hereby directed to publish the caption and Sections 1 and 6 of
this ordinance for two ( 2 ) days in the official newspaper of the
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city of Fort Worth, Texas, as authorized by Section 52.013, Texas
Local Government Code.
SECTION 6.
This ordinance shall be in full force and effect from and
after its passage and publication as required by law, and it is
so ordained.
APPROVED AS TO FORM AND LEGALITY:
~~~~
Assistant City At rney
Date • ~~ ~-O
ADOPTED:
EFFECTIVE•
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DATEv REFERENCE
NUMBER
10/31/89 G-8299
COt RT AUNIN.1,
RECOMMENDATION
SUBJECT AMENDMENT OF SEC. 1-6, CITY
CODE - GENERAL PENALTY FOR
VIOLATIONS OF CODE, CONTINUING
VIOLATIONS
PAGE
1
1 of~_.
It is recommended that the City Council adopt the attached ordinance amending
Sec. 1;6, Code of the City of Fort Worth (1986), as amended, in order to
provide. for an increase in the maximum fine for violation of city ordinances
in-co~nf~rmity with Texas Government Code Annotated, Sec. 29.003.
D I SCUS~S-ION
State law provides that cities may establish the following maximum fines for
ordinance violations
1. $2,000 in all cases arising under municipal ordinances that govern
fire safety, zoning, or public health and sanitation, including
dumping of refuse, and
2. $500 in all other cases.
The current general penalty provisions of the Fort Worth City Code provide
for maximum fines of $1,000 and $200 respectively. The amendment of Sec. 1-6
will to bring it into conformity with the maximum penalty provisions
allowable under state law.
The City Council's Municipal Courts Advisory Committee has recommended
adoption of this proposed ordinance.
WA i
APPROVED BY
CITY COUNCIL
OCt 31 1989
SUBMITTED FOR IHt
CITY MANAGER'S
OFFICE BY Bob Terrell
ORIGINATING
DEPARTMENT HEAD Wade Adkins
FOR ADDITIONAL INFORMATION
CONTACT Yett 761
City ~ecze~ary Of the
Ciip of ~'oz. Vllok.~, :e:aR
DISPOSITION BY COUNCIL. PROCESSED BY
APPROVED
OTHER (DESCRIBE)
CITY SECRETARY
DATE