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Home My WebLink AboutOrdinance 9741J .a ~ ~ -~... v ~~? .. ~ Fi ~ . 9A r ORDINANCE NO. ~"~- AN ORDINANCE AMENDING CHAPTER 23, "OFFENSES AND MISCELLA- NEOUS PROVISIONS", OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, TO PROVIDE CERTAIN REGULATIONS REGARD- ING PLACING OF ADVERTISEMENTS ON CERTAIN PROPERTY; MAKING THIS ORDINANCE CUMULATIVE AND PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1 . That Chapter 23 of the Code of the City of Fort Worth (1986), as amended, be further amended by adding a Section 23-14 and a Section 23-15 thereto, which sections shall read and be as follows: °'SEC. 23-14. Posting of Handbills and Signs in Certain Places - Prohibited. It shall be unlawful for any person, firm or corporation to post, fasten, erect or display, or cause to be posted, fastened, erected or displayed, any political, commercial or other type of handbill, sign, poster or advertisement on any structure, tree, pole, curb or elsewhere within the right-of-way of any public street, or upon any public property within the City of Fort Worth, without the ex- press permission of the city council of the City of Fort Worth, or upon any private property, real, personal or mixed, within the City of Fort Worth, without the express permission of the owner thereof. "SEC. 23-15. Same - Prima Facie Evidence of Violation. When any handbill, sign, poster or advertisement shall be found posted, fastened, erected or displayed in viola- tion of Section 23-14 of this Code, same shall be prima facie evidence that such unlawful posting, fastening, erecting or displaying was caused by the person, firm or corporation advertised thereby only if such person, firm or corporation advertised thereby fails or refuses to remove same after having been notified that such handbill, sign, poster or advertisement is in violation of Section 23-14 hereof; and each day that such handbill, sign, poster or advertisement shall remain so posted, fastened, erected or displayed shall constitute a separate violation of this Code." SECTION 2 . This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City 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. SECT ION 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. SECT ION 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 Two Hundred Dollars ($200.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. -2- $ T ~ ~ r~ ~ ~'•. 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 Ordinance No. 6300 or any other ordinances affecting Section 1 of this ordinance which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pend- ing litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordi- nance but may be prosecuted until final disposition by the courts. SECTION 6 . 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, 4, 7 and 8 in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 7. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, and Sections 1, 4, 7 and 8 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. SECTION 8. 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. -3- ~, ~ :. - ~ 4~ ~ ~ . ~ APPROVED AS TO FORM D LEGALITY: .,.r V~ City Attorney Date: t ~ ~ ~ ~ ~ ~ ADOPTED : ~~~ ~~ EFFECTIVE: ord4 -d- I Mn~,,tErr f~[ E=ll v ~. ACCOUNT(NQ~.'. TRANSP6RTAYIOid~PUBI ' "; )!~ lL~f/ ® 4 ~/~/'- ~LW `L./®/D // /11~1j if1/A ~ ~®/J)/U'11 /U~1-/11 /1- /- /IYI) /~- ~1~1.W tV /]- ~ // ((/ N aYER AGMINIS7RATlc}N 4 s` l/ ~/ljL({I ~~ ,/ l~l~ // ((~~/ (L(~~/I \~~ (f /J ill ~l ~/ ({/~~/ U (~/ (~/lV (V PERSGNN I;. DATE NUMBER CE sue~ECT AMENDMENT TO CITY CODE, CHAPTER PAGE 10/14/86 23, "OFFENSES AND MISCELLANEOUS log 1 0_6843 .I RECOMMENDATION It is recommended that the attached ordinance be adopted, amending Chapter 23 of the City Code, to add Section 23-14 and Section 23-15, to read as follows: "Sec. 23-14. Posting of handbills and signs in certain places -- Prohibited. It shall be unlawful for any person, firm or corporation to post, fasten, erect or display, or cause to be posted, fastened, erected or displayed, any political, commercial or other type of handbill, sign, poster or advertise- ment on any structure., tree, pole, curb or elsewhere within the right-of-way of any public street, or upon any public property within the City of Fort Worth, without the express permission of the City Council of the City of Fort Worth, or upon any private property, real, personal or mixed, within the City of Fort Worth, without the express permission of the owner thereof. "Sec. 23-1~5. Same -- Prima facie evidence of violation. When any handbill, sign, poster or advertisement shall be found posted, fastened, erected or displayed in violation of Section 23-14 of this Code, same shall be prima facie evidence that such unlawful posting, fastening, erecting or displaying was caused by the person, firm or corporation adver- tised thereby only if such person, firm or corporation advertised thereby fails or refuses to remove same after having been notified that such hand- bill, sign, poster or advertisement is in violation of Section 23-15 hereof, and each day that such handbill, sign, poster or advertisement shall remain so posted, fastened, erected or displayed shall constitute a separate viola- tion of this Code. DISCUSSION The Code sections recommended above will re-enact two sections of the 1964 City Code, which were to be re-codified as a part of the revisions to the sign code. The sign code is still under review, and staff feels that•.these provisions are necessary and should be added to the City Code at this time, rather than waiting until the sign code is implemented. FINANCING ere are no financial implementations pertinent to this ordinance. gppR OVED B DAI:kcq C~TY (;DUNG Attachment ~~T ~~ t~~ SUBMITTED FOR 1 Mt CITY MANAGER'S DISPOSITION BY COUNCIL: D B OFFICE BY: ^ APPROVED SBCi t ORIGINATING C OTHER (DESCRIBE) C~ 6 gYy Of thg y Of ~'Ort WOrth, T@x DEPARTMENT HEAD: Cihdrlie Sha and CITY SECRETARY FOR ADDITIONAL INFORMATION } (~ [[~~'' ~l At{OptP.a OrdIC18i1C8 I`fO. % % ° - CONTACT C Sha and 7769 7 DATE