HomeMy WebLinkAboutOrdinance 6904 ORDINANCE NO, 690f
AN ORDINANCE AMENDING CHAPTER 27, SECTION 35,
OF THE CODE OF THE CITY OF FORT WORTH (1964) ,
AS AMENDED, BEING AN ORDINANCE REGULATING THE
HEIGHT TO WHICH GRASS, WEEDS, OR UNCULTIVATED
PLANTS SHALL BE PERMITTED TO GROW UPON PR7E-
VATE PREMISES WITHIN THE CORPORATE LIMITS OF
THE CITY OF FORT WORTH; PROVIDING THAT ON
PREMISES OF TWO ACRES OR MORE THE ORDINANCE
WILL NOT BE APPLICABLE TO THE AREA IN EXCESS
OF ONE HUNDRED FEET FROM LAND UNDER DIFFERENT
OWNERSHIP ON WHICH ANY BUILDING IS LOCATED
OR IN EXCESS OF ONE HUNDRED FEET FROM A PUB-
LIC STREET OR WAY; REGULATING THE HEIGHT TO
WHICH GRASS, WEEDS OR UNCULTIVATED PLANTS
SHALL BE PERMITTED TO GROW ALONG OR ADJACENT
TO PUBLIC STREETS OR WAYS; PROVIDING A SEVER-
ABILITY CLAUSE; MAKING THIS ORDINANCE CUMULA-
TIVE OF OTHER ORDINANCES AND PROVISIONS OF
THE CODE OF THE CITY OF FORT WORTH; REPEALING
ALL ORDINANCES OR PROVISIONS OF THE CITY CODE
IN CONFLICT HEREWITH; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That Chapter 27, Section 35, of the Code of the City
of Fort Worth (1964) , as amended, be and the same is hereby
amended to read as follows:
"Sec, 27-35. Weeds -- High growth prohibited, excep-
tion,
"It shall be unlawful for any person, occupant
or anyone having supervision or control of any lot,
tract, parcel of land or portion thereof, occupied
or unoccupied, improved or unimproved, within the
city to suffer or permit grass, weeds or any plant
that is not cultivated to grow to a greater height
than twelve inches on an average or to grow in
rank profusion upon his premises.
"With respect to lots, tracts or parcels of
land of two or more acres under single ownership,
the provisions of this Section shall not be appli-
cable to the area in excess of one hundred feet
(100') from any open public street or way, or to
the area in excess of one hundred feet (1001) from
any adjacent property under different ownership on
which any building is located,
"It shall be unlawful for any person, occupant
or anyone having supervision or control of any lot,
tract, parcel of land or portion thereof, occupied
or unoccupied, improved or unimproved, within the
City to suffer or permit grass, weeds or any plant
that is not cultivated to grow in rank profusion,
or otherwise, in, along, upon or across the side-
walk or street adjacent to same in the area between
the property line and the curb line or within the
area ten feet (10') beyond the property line to a
height greater than twelve inches (1211) on an aver-
age, "
SECTION 2,
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 unconstitu-
tional by the valid judgment or final decree of a court of
competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences,
paragraphs and sections hereof, 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 3,
That this ordinance shall be and is hereby de-
clared to be cumulative of the provisions of the Code of
the City of Fort Worth, and amendments thereto as authorized
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by Article 4436, Revised Civil Statutes, regulating the
height to which grass, weeds, or uncultivated plants shall
be permitted to grow upon private premises or along or adja-
cent to public streets or ways within the corporate limits
of the City of Fort Worth, except in those instances where
the provisions of this ordinance are in direct conflict with
such code, in which instances said conflicting provisions of
such Code are hereby repealed.
SECTION 4.
That all pending litigation and existing violations,
both civil and criminal, whether pending in court or not,
under Chapter 27, Section 35, of the Code of the City of Fort
Worth and amendments thereto superseded by this ordinance,
shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
SECTION 5.
That any person, firm, association of persons, com-
pany or corporation, or their agents, servants or employees,
who violate, disobey, omit, neglect or refuse to comply with
any provision of this ordinance shall be punished by a fine
not exceeding Two Hundred Dollars ($200.00) , and each day
that a violation exists is hereby declared to be a distinct
and separate offense and punishable as such, all as provided
for in Section 1-5 of Chapter I of the Code of the City of
Fort worth (1964) , as amended.
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SECTION 6,
That this ordinance shall become effective and be
in full force and effect from and after its passage and publi-
cation as required by law, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
op
City Attorney
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City of Fort Worths Texas
UNE Mayor and Council Communication
DATE REFERENCE SUBJECT: PAGE
NUMBER
HANCOCK 9/5/73 G-2254 Proposed Amendment to Weed Ordinance 1 or 1
' The City's Weed Ordinance (No. 4782) states:
"It shall be unlawful for any person, firm—or anyone
having supervision or control of any lot, tract, parcel
of land or portion thereof, occupied or unoccupied,
improved or unimproved. . .to suffer or permit grass,
weeds, or any plant that is not cultivated to grow to
a greater height than twelve inches on an average. . .
With respect to lots, tracts, or parcels of land of
two or more acres under single .ownership, the provisions
of this section shall not be applicable. to. .the area in
excess of one hundred feet from any public street or
way, or to the area in excess of one hundred feet from
any adjacent property under different ownership on which
habitable dwellings are located. (City Code, Section
27-35)"
In the past the City staff has enforced the ordinance, without regard
to the type of nearby structure, i.e. , dwelling or other building.
Recently an owner of property directed attention to the specific
requirement that the high weeds must be adjacent to a habitable
dwelling to constitute a violation.
Since high grass and weeds growing near -any structure constitute a
fire hazard such as the ordinance is intended to control, it is
proposed that the portion of the ordinance which reads, ". . .on which
habitable dwellings are located" be amended to read, ". . . on which
any building is located."
Recommendation
It is recommended -that an ordinance be adopted amending the Weed
Ordinance, No. 4782, as'-described above.
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SUBMITTED BY: DISPOSITION BY COUNCIL: NCED BY
APPROVE ❑ O ER (DESCRIBE))
ETARY
l DATE
CITY MANAGER