HomeMy WebLinkAboutOrdinance 7512 ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 19, "HEALTH AND
SANITATION" OF THE CODE OF THE CITY OF FORT WORTH,
(196.4) , AS AMENDED, BY ADDING A NEW SECTION THERETO
DESIGNATED AS SECTION 19-404 . 11 PROVIDING THAT IT
SHALL BE UNLAWFUL FOR ANY PERSON TO INTENTIONALLY
REFUSE TO REPORT OR GIVE A FALSE REPORT OF HIS NAME
OR RESIDENCE ADDRESS TO THE DIRECTOR OF THE
DEPARTMENT OF PUBLIC HEALTH OR ANY REGULARLY
APPOINTED EMPLOYEE OF SUCH DEPARTMENT UNDER CERTAIN
CONDITIONS ; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE 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 ENGROSSMENT 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 1.
That Chapter 19 of the Code of the City of Fort Worth (1964) ,
as amended , be and the same is hereby amended by adding anew
section thereto, designated as Section 19-404 . 1 which Section
shall read and be as follows :
"Sec . 19-404 .1 . Powe of director of public health
and assistants to require identification .
"The director of the department of public
health and other regularly appointed
employees of such department shall have
the right and power to request and require
any person to give his true name and
residence address to such director or
employee when acting in an official
capacity in matters connected with the
department of public health . It shall be
unlawful for any person to intentionally
refuse to report or give a false report
of his name or residence address to the
director of the department of public
health or any regularly appointed
employee of such department who has
requested the information when acting in
an official capacity in a matter connected
with the department of public health. "
SECTION 2 .
That this ordinance shall be cumulative of all provisions
of ordinances and of the Code of the City of Fort Worth
(1964) , as amended , affecting health and sanitation, except
where the provisions of this ordinance are in direct conflict
with the provisions of such ordinances and such Code , in
which event such conflicting provisions of such ordinances
and such Code are hereby repealed .
SECTION 3 .
That all rights or remedies of the City of Fort Worth,
Texas , are expressly saved as to any and all violations of
the provisions of Chapter 19 of the Code of the City of
Fort Worth (1964) , as amended , and of any other ordinance
affecting health and sanitation 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
chapter and/or other ordinances , same shall not be affected
by this ordinance but may be prosecuted until final
disposition by the courts .
SECTION 4 .
That 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 void , ineffective or
unconstitutional by the valid judgment or final decree of
a court of competent jurisdiction, such voidness , in-
effectiveness or 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
herein of any such void, ineffective or unconstitutional
phrase , clause , sentence , paragraph or section .
SECTION 5 .
That the City Secretary of the City of Fort Worth is
hereby authorized to publish this ordinance in pamphlet form
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for general distribution among the public , and this ordinance
as so published shall be admissible in evidence in all courts
without further proof than the production of said pamphlet,
as provided in Section 3 , Chapter XXVI of the Charter of the
City of Fort Worth.
SECTION 6 .
That the City Secretary of the City of Fort Worth is
hereby directed to publish the caption and penalty clause of
this ordinance for five (5) days in the official newspaper of
the City of Fort Worth, as authorized by Article 1176b-1,
Revised Civil Statutes of Texas .
SECTION 7 .
That 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 of same in the minutes of the
City Council of Fort Worth and by filing the ordinance in the
ordinance records of said City .
SECTION 8 .
That° any person violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor, and each
such person shall be deemed guilty of a separate offense for
each day or portion thereof during which any violation of any
of the provisions of this ordinance is committed , continued
or permitted , and each violation shall be punishable by a
fine not to exceed Two Hundred Dollars ($200 .00) .
SECTION 9 .
That this ordinance shall be in full force and effect
from and after the date of its passage and publication as
required by law, and it is so ordained .
APPROVED AS TO FORM AND LEGALITY:
140 a4wo 0 ef
S . G . Jo ndroe, Jr . , City Attorney
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City ®f' Fort Worth, Texas
MILIFF Mayor and Council Communication
IIINAHAM
BRADSHAV DATE REFERENCE SUBJECT: Power of Director of Public PAGE
NUMBER Health and Assistants to Require Iden- 1
3�7�77 G-3352 tification 1 o
The Director of Public Health and assistants have the power of arrest, and
issuing of citations, and have been requiring identification and resident
addresses of people violating City ordinances.
t
In a recent court decision, it was ruled that the Director of Public Health
and assistants did not have the power to require any person to give their
true name and resident address. Therefore, in order to ,carry out the duties
required under our Public Health ordinances, an amendment to Chapter 19 of
the Code of the City of Fort Worth (1964) must be made by adding a new
section and to designate as Section 19-474.1.
The attached ordinance, as prepared by the Legal Department, amends Chapter 19
of the Code of the City of Fort Worth (1964) , giving the Director of Public
Health and assistants the power to require identification.
Recommendation:
It is recommended that the City Council adopt the ordinance described above.
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Attachment
SUBMITTED BY: DISPOSITION BY COUNCIL: PROCESSED
�PPROVED ❑ OTHER (DESCRIBE)
le ADOPTED �IL��OS�I�LI^u 'L U0 7,51 Z- TY SECRETARY
DATE
CITY MANAGER