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HomeMy WebLinkAboutOrdinance 23569-02-2019ORDINANCE N0.23569-02-2019 AN ORDINANCE AMENDING CHAPTER 19 GENERAL PROVISIONS, SECTION 1- 6, GENERAL PENALTY FOR VIOLATIONS OF THE CODE; CONTINUING VIOLATIONS AND VARIOUS SECTIONS OF THE CODE OF ORDINANCES OF THE CITY OF FORT WORTH (2015), AS AMENDED, PROVIDING FOR THE CLARIFICATION OF THE APPLICATION OF PENALTIES AND TO PROVIDE FOR A CULPABLE MENTAL STATE TO PROSECUTE VIOLATIONS OF THE CODE ONLY IN CERTAIN CIRCUMSTANCES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES, PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth, Texas is a home rule city acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Fort Worth seeks to provide for the health, safety and welfare of its citizens; and WHEREAS, an amendment to the Texas Penal Code enacted by the 791h Texas Legislature requires the inclusion of a culpable mental state for certain offenses defined by municipal ordinance; and WHEREAS, the City of Fort Worth currently has regulations in place governing the general penalty applicable for violation of the City of Fort Worth Code of Ordinances; and WHEREAS, the City Council finds that these regulations should be amended to comply with state law and that regulations addressing these concerns are in the best interest of the health, safety, and welfare of the citizens of Fort Worth, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the Code of the City of Fort Worth, Texas (2015), as amended, is hereby further amended by revising Chapter 1, General Provisions, Sec. 1-6, General Penalty for Violations of Code; Continuing Violations, to clarify the application of penalties and to provide for a culpable mental state to prosecute violations of the code only in certain circumstances, which shall be and read as follows: Chapter 1, Sec. 1-6 Ordinance No. 23569-02-2019 Page 1 of 9 Sec. 1-6 GENERAL PENALTY FOR VIOLATIONS OF CODE; CONTINUING VIOLATIONS. (a) Whenever in this Code or in any ordinance of the City an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in this Code or such 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 violation of any such provision of this Code or any such ordinance shall be punished by a fine. (b) A fine or penalty for the violation of a rule, ordinance or police regulation that governs fire safety, zoning or public health and sanitation, including the dumping of refuse, may not exceed two thousand dollars ($2,000.00), nor exceed five hundred dollars ($500) for all other violations. (c) Unless otherwise specifically stated in this code, any violation of this code or of any ordinance that is punishable by a fine that does not exceed five hundred dollars ($500) does not require a culpable mental state, and a culpable mental state is hereby not required to prove any such offense. Unless otherwise specifically stated in this code, any violation of this code or of any ordinance that is punishable by a fine that exceeds five hundred dollars ($500.00) shall require a culpable mental state as specified by Section 6.02(c) of the Texas Penal Code. (d) If the amount of any penalty imposed by this code or in any ordinance conflicts with a penalty amount specified by state law, the penalty amount specified by state law shall govern. (e) Unless otherwise stated in this code or in any ordinance, each day any violation of this code or of any ordinance shall continue shall constitute a separate offense. SECTION 2. That the Code of the City of Fort Worth, Texas (2015), as amended, is hereby further amended by revising the following sections of the Code to clarify the application of penalties and to provide for a culpable mental state to prosecute violations of the code only in certain circumstances, which shall be and read as follows: Sec. 3-2 PENALTY FOR VIOLATIONS OF CHAPTER. 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 chapter affecting fire safety, zoning and public health and sanitation, including dumping of refuse, shall be fined not more than $2,000 for each offense in accordance with Sec. I-6(c), and shall be fined not more than $500 for all other violations. Each day that a violation is permitted to exist shall constitute a separate offense. Chapter 1, Sec. 1-6 Ordinance No. 23569-02-2019 Page 2 of 9 Sec. 7-44 PENALTY FOR VIOLATION. Any person, firm, or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed $2,000 in accordance with Sec. 1-6(c) for all violations involving fire safety, or public health and sanitation and shall be fined not more than $500 for all other violations of this article. Each day or any portion thereof during which any violation of this ordinance occurs or continues shall be deemed a separate offense and upon conviction thereof shall be punishable as herein provided. Sec. 7-49 PENALTY FOR VIOLATION. Any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed $2,000 in accordance with Sec. 1-6(c) for all violations involving fire safety, or public health and sanitation and shall be fined not more than $500 for all other violations of this ordinance. Each Jay or any portion thereof during which any violation of this ordinance occurs or continues shall be deemed a separate offense and upon conviction thereof shall be punishable as herein provided. Sec. 7-64 PENALTY FOR VIOLATION. Any person, firm, or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed $2,000 in accordance with Sec. 1-6(c) for all violations involving fire safety, or public health and sanitation and shall be fined not more than $500 for all other violations of this ordinance. Each Jay or any portion thereof during which any violation of this ordinance occurs or continues shall be deemed a separate offense and upon conviction thereof shall be punishable as herein provided. Sec.7-125 PENALTY. (a) An offense as defined under this article is a misdemeanor punishable by a fine not to exceed $2,000 in accordance with Sec. 1-6(c). Each separate occurrence of a violation or each day that a violation continues shall constitute a separate offense. (b) The filing of criminal charges shall not be a bar against, or a prerequisite for, taking any other action against a violator. (1) If it is shown on trial of an alleged offense under this article that within three years prior to the alleged offense date the defendant has been once previously convicted of an offense under this article: a. Except as provided by subsection (b)(1)b. below, upon conviction the defendant shall be fined not less thanand b. If it is also shown on trial of the alleged offense that the defendant was not a residential occupant of the property involved at the time of the alleged offense, upon conviction the defendant shall be fined not less than $1,000 in accordance with Sec. 1-6(c). (2) If it is shown on trial of an alleged offense under this article that within three years prior to the alleged offense date the defendant has been previously convicted of two or more offenses under this article: Chapter 1, Sec. 1-6 Ordinance No. 23569-02-2019 Page 3 of 9 a. Except as provided by subsection (b)(2)b. below, upon conviction the defendant shall be fined not less than $500; and b. If is also shown on trial of the alleged offense that the defendant was not a residential occupant of the property involved at the time of the alleged offense, upon conviction the defendant shall be fined not less than $2,000 in accordance with Sec. 1-6(c). Sec. 7-169 PENALTY FOR VIOLATION. Any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed $2,000 in accordance with Sec. 1-6(c) for all violations involving fire safety, or public health and sanitation and shall be fined not more than $500 for all other violations of this ordinance. Each day or any portion thereof during which any violation of this ordinance occurs or continues shall be deemed a separate offense and upon conviction thereof shall be punishable as herein provided. Sec. 7-351 PENALTIES FOR NONCOMPLIANCE. No structure or land shall hereafter be located, altered or have its use changed without full compliance with the terms of this article and other applicable regulations. Violation of the provisions of this article by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) will constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $2,000 for each violation in accordance with Sec. 1-6(c), and each and every day the violation occurs shall constitute a separate violation. Nothing herein contained in this section or any other section of this article shall prevent the City of Fort Worth from taking such other lawful action as is necessary to prevent or remedy any violation, including but not limited to refusal to approve a plat or to issue a building permit, or to obtain injunctive relief against the violator pursuant to Tex. Local Government Code § 54.016 or any other statute, or any other legal remedy available to the city. Sec. 7-416 CRIMINAL ENFORCEMENT. A violation of this article is a misdemeanor punishable by a fine not to exceed $2,000 in accordance with Sec. 1-6(c). Each separate occurrence of a violation or each day that a violation continues shall constitute a separate offense. The failure to perform an act required by this article is a violation of this article. Sec. 7-425 CRIMINAL ENFORCEMENT. A violation of this division is a misdemeanor punishable by a fine not to exceed $2,000 in accordance with Sec. 1-6(c). Each separate occurrence of a violation or each day that a violation continues shall constitute a separate offense. Chapter 1, Sec. 1-6 Ordinance No. 23569-02-2019 Page 4 of 9 Sec. 7-434 PENALTY FOR VIOLATION. Any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed $2,000 for all violations involving fire safety, or public health and sanitation in accordance with Sec. 1-6(c) and shall be fined not more than $500 for all other violations of this ordinance. Each Jay or any portion thereof during which any violation of this ordinance occurs or continues shall be deemed a separate offense and upon conviction thereof shall be punishable as herein provided. Sec. 11-4 PENALTY FOR VIOLATION. Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed $2,000 for all violations involving fire safety, or public health and sanitation in accordance with Sec. 1-6(c), and shall be fined not more than $500 for all other violations of this chapter. Each day or any portion thereof during which any violation of this chapter occurs or continues shall be deemed a separate offense and upon conviction thereof shall be punishable as herein provided. Sec. 12.5-123 JUDICIAL REMEDIES AND PENALTIES. (a) Criminal remedies. (1) An offense as defined under this chapter is a misdemeanor punishable by a fine not to exceed $2,000 in accordance with Sec. 1-6(c). Each separate occurrence of a violation or each day that a violation continues shall constitute a separate offense. (2) If an offense defined under this chapter does not include a culpable mental state, then intent, knowledge, or recklessness suffices to establish criminal responsibility. (3) An offense is so defined in this code by the phrase: "A person commits an offense...." Sec. 13-4 COMPLIANCE WITH CHAPTER REQUIRED; PENALTY. It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, convert, demolish, equip, use, occupy or maintain any building or structure in the city or cause the same to be done contrary to or in violation of any of the provisions of this code. 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 code with respect to life safety, shall be fined not more than $2,000 for each offense in accordance with Sec. 1-6(c), and with respect to all other provisions of this code shall be fined not more than $500 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Sec.15-48.2 PENALTY. (a) It shall be unlawful and an offense for any person to do the following: (1) Engage in any activity not permitted by the terms of a gas well permit issued under this article; (2) Fail to comply with any condition set forth in a gas well permit issued under this article; or Chapter 1, Sec. 1-6 Ordinance No. 23569-02-2019 Page 5 of 9 (3) Violate any provision or requirement set forth under this article. (b) Any violation of this article shall be punished by a fine of not more than $2,000 per day in accordance with Sec. 1-6(c), subject to applicable state law. Each day that a violation exists shall constitute a separate offense. Sec.l6-15 PENALTY. Any violation, disobedience, omission, neglect, failure or refusal to comply with the enforcement of any provisions of this chapter, unless otherwise stated, shall be punishable by a fine not to exceed $2,000 for each violation in accordance with Sec. 1-6(c). Each day that a violation is permitted to exist shall constitute a separate offense. Sec. 16-153 JUDICIAL REMEDIES AND PENALTIES. (a) Criminal remedies. (1) An offense as defined under this article is a misdemeanor punishable by a fine not to exceed $2,000 in accordance with Sec. 1-6(c). Each separate occurrence of a violation or each day that a violation continues shall constitute a separate offense. (2) If an offense defined under this article does not include a culpable mental state, then intent, knowledge, or recklessness suffices to establish criminal responsibility. Sec.16-181 ENFORCEMENT. (a) The owner or operator of a pushcart unit commits an offense if the pushcart is operated in violation of any provision of this division. An offense as defined under this division is a misdemeanor punishable by a fine not to exceed $2,000 in accordance with Sec. 1-6(c). Each separate occurrence of a violation or each day that a violation continues shall constitute a separate offense. If an offense defined under this division does not include a culpable mental state, then intent, knowledge, or recklessness suffices to establish criminal responsibility. (b) The city's code compliance department shall have the authority to enforce any and all provisions of this division. (c) It shall be within the power and discretion of the code compliance department to suspend or revoke any permit issued hereunder for continued or repeated violation or infraction of any provision of this division or any rule, direction or regulation of the code compliance department. Sec. 16-440 PENALTY FOR VIOLATIONS. (a) Any person violating any provision of this article shall be guilty of a misdemeanor and upon conviction in municipal court shall be fined not more than $2,000 in accordance with Sec. 1-6(c), and each separate violation shall constitute a separate offense, and each and every day the offense occurs shall constitute a distinct and separate offense. (b) If, after revocation of a certificate of inspection, a person continues to operate a day care center, he or she shall be subject to the penalties described in § 16440(a). Chapter 1, Sec. 1-6 Ordinance No. 23569-02-2019 Page 6 of 9 Sec. 16-474 PENALTIES AND ENFORCEMENT. (a) An offense as defined under this article is a Class C misdemeanor punishable by a fine not to exceed $2,000 in accordance with Sec. I-6(c). Each separate occurrence of a violation or each day that a violation continues shall constitute a separate offense. (b) If an offense defined under this article does not include a culpable mental state, then intent, knowledge, or recklessness suffices to establish criminal responsibility. (c) The director may establish enforcement procedures to ensure compliance with this article which are consistent with the regulations adopted herein. Sec. 16-519 PENALTIES AND ENFORCEMENT. (a) An offense as defined under this article is a Class C misdemeanor punishable by a fine not to exceed $2,000 in accordance with Sec. 1-6(c). Each separate occurrence of a violation or each day that a violation continues shall constitute a separate offense. (b) If an offense defined under this article does not include a culpable mental state, then intent, knowledge, or recklessness suffices to establish criminal responsibility. (c) The director may establish enforcement procedures that are consistent with the regulations adopted herein in order to ensure compliance with this article. Sec. 26-4 PENALTY FOR VIOLATION. Any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed $2,000 for all violations involving fire safety, or public health and sanitation in accordance with Sec. 1-6(c) and shall be fined not more than $500 for all other violations of this chapter. Each day or any portion thereof during which any violation of this chapter occurs or continues shall be deemed a separate offense and upon conviction thereof shall be punishable as herein provided. CHAPTER 29, SIGNS A04.2 VIOLATION PENALTIES. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed $2,000 for all violations involving fire safety, or public health and sanitation in accordance with Sec. 1-6(c) and shall be fined not more than $500 for all other violations of this ordinance. Each Jay or any portion thereof during which any violation of this ordinance occurs or continues shall be deemed a separate offense and upon conviction thereof shall be punishable as herein provided. Sec. 29-3 PENALTY FOR VIOLATION. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed $2,000 for all violations involving fire safety, or public health and sanitation in accordance with Sec. 1-6(c) and shall be fined not more than $500 for all other violations of this ordinance. Each day or any portion thereof during which any violation of this ordinance occurs or continues shall be deemed a separate offense and upon conviction thereof shall be punishable as herein provided. Chapter 1, Sec. 1-6 Ordinance No. 23569-02-2019 Page 7 of 9 Sec. 35-23 EMERGENCY AUTHORITY. (g) Penalties for violation. Any person who is convicted of violating, disobeying, omitting, neglecting or refusing to comply with a measure implemented in accordance with this section and the drought contingency/emergency water management plan may be fined not more than $2,000 for each offense in accordance with Sec. 1-6(c). In addition, the following penalties shall apply: (1) A person who is convicted of violating, disobeying, omitting, neglecting or refusing to comply with a measure implemented in accordance with this section and stage 2 of the drought contingency/ emergency water management plan shall be fined not less than $2500 (2) A person who is convicted of violating, disobeying, omitting, neglecting or refusing to comply with a measure implemented in accordance with this section and stage 3 of the drought contingency/ emergency water management plan shall be fined not less than $500; Sec.35-187 OFFENSES. (a) A person commits an offense if the person violates any provision of this article. (b) An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $2,000 in accordance with Sec. 1-6(c). (c) Each instance of a violation of this article is a separate offense. APPENDIX B: DEPARTMENT OF CODE COMPLIANCE Sec. 11A400 CRIMINAL REMEDIES. (a) Unless otherwise provided, an offense under this chapter is a misdemeanor punishable by a fine not to exceed $2,000 in accordance with Sec. 1-6(c). Each separate occurrence of a violation or each day that a violation continues shall constitute a separate offense. (b) If an offense defined under this chapter does not include a culpable mental state, then intent, knowledge, or recklessness suffices to establish criminal responsibility. (c) If it is shown on trial of an alleged offense under this chapter that within three years prior to the alleged offense date the defendant has been once previously convicted of an offense under this chapter: (1) Except as provided by subsection (c)(2) below, upon conviction the defendant shall be fined not less than $250; and (2) If it is also shown on trial of the alleged offense that the defendant was not a residential occupant of the property involved at the time of the alleged offense, upon conviction the defendant shall be fined not less than $1,000, (d) If it is shown on trial of an alleged offense under this chapter that within three years prior to the alleged offense date the defendant has been previously convicted of two or more offenses under this chapter: (1) Except as provided by subsection (d)(2) below, upon conviction the defendant shall be fined not less than $500; and (2) If is also shown on trial of the alleged offense that the defendant was not a residential occupant of the property involved at the time of the alleged offense, upon conviction the defendant shall be fined not less than $2,000, Chapter 1, Sec. 1-6 Ordinance No. 23569-02-2019 Page 8 of 9 SECTION 3. That this ordinance shall be cumulative of all other ordinances of the City of Fort Worth, Texas, and shall not repeal any of the provisions of such ordinances, except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. SECTION 4. That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the City Code, or any amendments thereto that 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, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 5. 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 decree of any court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or 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 6. That the City Secretary of the City of Fort Worth, Texas, is hereby directed to publish this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by the V.T.C.A. Local Government Code Subsection 52.013. SECTION 7. This ordinance shall take effect after adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: By: iey Adopted: February 12, 2019 Effective: 01,3 Mary Kayser, Chapter 1, Sec. 1-6 Ordinance No. 23569-02-2019 Page 9 of 9