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HomeMy WebLinkAboutOrdinance 8917`-: 3' ^s z .^, ,,. ~, ORDINANCE NO. ~~ AN ORDINANCE AMENDING CHAPTER 16, "GARBAGE", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1964), AS AMENDED, BY PROVIDING FOR A MAXIMUM FINE OF ONE THOUSAND DOLLARS ($1,000.00) FOR CERTAIN VIOLATIONS OF SAID CHAPTER; PRO- VIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION i. That Chapter 16 of the Code of the City of Fort Worth (1964) , as amended, is hereby amended by adding a new Section 16-22, said section to read as follows: "Sec. 16-22. Penalty for violation of this chapter. "Any person, firm or corporation who violates, diso- beys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of Section 16-2 shall be fined not more than Two Hundred Dollars ($200.00). Each day that a violation is permitted to exist shall constitute a separate offense. "Any person, firm or corporation who violates, diso- beys, omits, neglects or refuses to comply with any of the provisions of this chapter except Section 16-2 shall be fined not more than One Thousand Dollars ($1,000.00). Each day that a violation is permitted to exist shall consti- tute a separate offense." SECTION 2. That this ordinance sha]_1 be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1964), 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of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed.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- w .. .C ': 4 ,~ ~,~ 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. That the City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the cap- tion, Section 1 and effective date of same in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 5. That the City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, Section 1 and effective date of this ordinance for five (5) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Art. 1176b-1, Revised Civil Statutes of Texas. 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 or- dained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ~ ~ ~ _g Adopted: % '~3'~3 Effective Date: -2- ~~ pity ®f ' 1F®rt ~Y®rth, ~e~a~ ~ay~r and ~o~n~il ~ommuni~~ti~~. f ~- • , ~,,, .~ n increase of amount or rine DATE REFERENCE SUBJECT PAGE NUMBER for Violation of City Ordinances 9/13/83 G-5750 ~ o(_-.. 1- In the past, the City of Fort Worth has been limited to $200.00 in the amount it 'could charge for the violation of any of its ordinances. The Texas Legislature recently passed SB 856, which authorizes home-rule cities toycharge a fine or penalty of up to One Thousand Dollars ($1,000.00) for violations of all ordi- nances governing fire safety, zoning and public health and sanitation other than vegetation and litter violations. This law took effect September 1, 1983; how- ever, it is still necessary for the City of Fort Worth to amend its ordinances in order to charge up to a $1,000.00 fine. ~~ae.regal department has prepared four ordinances amending four chapters of the City Code - Chapter 15 (The Fire Code), Chapter 16, "Garbage", Chapter 19, "Health and Sanitation", and Appendix A (The Comprehensive Zoning Ordinance) - to provide for a maximum fine of $1,000.00 where permitted by state law. commendation: It is recommended that the City Council adopt the attached ordinances providing for a maximum fine of $1,000.00 for violations of the above Code chapters regu- lating fire safety, zoning and public health and sanitation. IQ~:ik ttachments r , ~ '~. ' APPROVED ~Y CITY COUNCIL SEP i;i 198 ~ ~~~ c1~Y secr.ra:Y of the c~o~~ r SUBMITTED FOR THE ~~ /~ nFFICE BY GER'S I/ n I ORIGINATING DEPARTMENT HEAD: W$de Adkins FOR ADDITIONAL INFORMATION CONTACT Waynl DISPOSITION BY COUNCIL: APPROVED ;= OTHER (DESCRIBE) PROCESSED BY CITY SECRE?ARf DATE