HomeMy WebLinkAboutOrdinance 9861r
~'
ORDINANCE N0.
AN ORDINANCE AMENDING CHAPTER 16, "HEALTH AND SANITA-
TION", OF THE CODE OF THE CITY OF FORT WORTH (1986), AS
AMENDED, BY ADDING A NEW SUBSECTION; CHANGING THE FEE
SCHEDULE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULA-
TIVE OF ALL PROVISIONS OF ORDINANCES AND OF SUCH CODE
AFFECTING HEALTH AND SANITATION; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORIZING
PUBLICATION IN PAMPHLET FORM; DIRECTING PUBLICATION OF
THE CAPTION AND PENALTY CLAUSE; DIRECTING THE ENGROSS-
MENT AND ENROLLMENT OF THE CAPTION AND PENALTY CLAUSE
AND THE FILING OF THIS ORDINANCE; PROVIDING A PENAL
CLAUSE; AND NAMING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS;
SECTION I.
That Section 16-355(x)(3) of Chapter 16 of the Code of the
City of Fort Worth (1986), as amended, is further amended to read as
follows:
"Sec. 16-355. Fee Schedule.
(a)(3) (a) Temporary food stands or vendor - $25.00
for first day plus $5.00 for each addi-
tional day.
(b) All temporary food stands at an event open
only to members of the organization con-
ducting the event and their families and
not open to the general public - $150.00.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordi-
nan¢es and of the Code of the Gity of Fort Worth, Texas (1986), as
amended, except where the provisions of this ordinance 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are hereby repealed.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 unconstitu-
tional 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.
Any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement of
any of the provisions of this ordinance shall be fined not more than
One Thousand Dollars ($1,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 5.
All rights and remedies of the City of Fort Worth, Texas, are
expressly saved as to any and all violations of the provisions of
Chapter 16 or any other ordinances affecting public health which
have accrued at the time of the effective date of this ordinance;
and, as to such accrued violations and all pending litigation, both
civil and criminal, whether pending in court or not, under such
-2-
r ~ •:.,.
ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 6.
The City Secretary of the City of Fort Worth, Texas, is hereby
authorized to publish this ordinance in pamphlet form for general
distribution among the public, and the operative provisions of this
ordinance as so published shall be admissible in evidence in all
courts without further proof than the production thereof, as pro-
vided in Chapter XXV, Section 3, of the Charter of the City of Fort
Worth, Texas. .
SECTION 7.
The City Secretary of the City of Fort Worth is hereby directed
to engross and enroll this ordinance by copying the caption and
penalty clause in the minui~es of the City Council and by filing the
ordinance in the ordinance records of the City.
SECTION 8.
The City Secretary of the City of Fort Worth, Texas, is hereby
directed to publish the caF>tion and penalty clause of this ordinance
for two (2) days in the official newspaper of the City of Fort
Worth, Texas, as authorized by Art. 1176b-1, Revised Civil Statutes
of Texas.
-3-
SECTION 9.
This ordinance shall be in f ull 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:
City Attorney
Date : ~ ~ ~' o - `6
ADOPTED: ~~/~~
EFFECTIVE:
ord3
-4-
..~~
MASTER l~lG%Y ~ -•
r'
ACCOUN7INR•2
~YRAN4PURTATION~PUBLIC ~WOi~KS~j
14gA0~~IINI>:7RATiGN d
HEALTH DEPAR
7
DATE
REFERENCE
NUMBER
SUBJECT
PAGE
4/Z1 /87 PROPOSED AP1ENDP1ENT TO FOOD CODE
1
- G-7042 ' °(
..
RECOMPIEND'A4TION
It is recommended that the City Council approve an amendment to the Food Code,
Secti o.n. 1~6-,355 (a) (3) t o read
(a) Temporary food stands or vendor - $25.00 for first day plus $5.00 for
each additional day.
(b) Temporary food stands (convention, single operation) $150.00.
And, the f of 1 owi ng change i n administrative policy be approved:
Tradeshows - exempt when attendance i s restricted to invited
participants only and i s not open t o general public.
BACKGROUND
On 8-6-85, M&C G-6402, City Counciil adopted ordinances and administrative changes
necessary to implement proposed user fee adjustments. These adjustments were
based on the November 1982 City-wide analysis of user fees and service charges
conducted by David M. Griffith.
ased on the study, the fee charged to temporary food stands was changed from
50.00 to $25.00 for the first day plus $5.00 for each additional day.. This fee
change has created problems with temporary food stands that are set up for a
convention. To apply the fee for temporary food establishments i n convention
situations fairly, an additional category has been proposed providing for
emporary food stands (convention, single operation) to be permitted at X150.00.
In recruiting tradeshows, the standard practice in the surrounding areas is to
xempt the tradeshow from a flood permit fee. To be consistent with the current
racti ce, an admi ni stati ve poi i cy exempting tradeshows from a food permit i s
roposed.
AflP~ROVED BY
C,~ Ci~UNIr~~..
G/9bggG
APR ~1 1997
City $eCZ~t°~ °f the
Tetras
SUBMITTED FOR I ~
CITY MANAGER'S ity
DISPOSITION BY COUNCIL.
PROCESSED BY
OFFICE BY ~ APPROVED
ORIGINATING [ OTHER (DESCRIBE)
DEPARTMENT HEAD• B Taylor CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT Letha A cock 7203
Adopted Ordinance No.
DATE