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HomeMy WebLinkAboutOrdinance 6300 ORDINANCE NO , AN ORDINANCE AMENDING CHAPTER 3 OF THE FORT WORTH CITY CODE (1964) ; AS AMENDED , EY ADDING THERETO TWO NEW SECTIONS TO BE DESIGNATED AS SECTIONS 3-5 AND 3-6 ; PROHIBITING THE POSTING OF POLITICAL, COMMERCIAL AND OTHER TYPES OF HANDBILLS , SIGNS, POSTERS OR ADVERTISEMENTS WITHOUT PERMISSION ,, MAKING THE PERSON, FIRM OR CORPORATION ADVERTISED PRIMA FACIE RESPONSIBLE FOR SUCH POSTING AFTER NOTICE7 MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES REPEALING ALL CONFLICTING ORDINANCESr PROVIDING A SEVERABILITY CLAUSE : PROVIDING A PENALTY : AND NAMING AN EFFECTIVE DATE . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS , SECTION I That Chapter 3 of the Fort Worth City Code (1964) , as amended, be and the same is hereby amended by adding thereto two new sections designated as Sections 3-5 and 3 - 6, which sections shall be and read as follows ,, "Sec. 3-5 . Posting of handbilis 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, commercdal cr., other, type of handbili, 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 expre-,q,-p,e-rmissi.on of the City Council of the City of Fort Worth , or upo'n, any private property, real, personal or mixed, within the City of Fort Worth, without the ex- press permission of the owuer thereof. "Sec . 3-6 . Same - Prima facie evidence of' violation , Shen any handbill, sign, poster or adver-, tisement shall be found posted, fastened, erected or displayed in violation of Scc ,, 3--.� 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 per- son, 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 Sec. 3 •5 hereofl- 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 . That this ordinance shall be cumulative of all provi- sions of the Code of the City of Fort Worth (1964) , as amended, except in those instances where the provisi,c:-..s of this ordinance are in direct conflict with the provisions of such Code, in which instances said conflicting provisions of such Code are hereby repealed. SECTION 3 . That if any section, part of a section or provision of any section of this ordinance shall be held to be void, inef- fective or unconstitutional by a court of competent jurisdiction, the holding of such section, part of a section or provii.slon of any section to be void, ineffective or unconstitutional for any cause whatsoever shall in no way affect the validity of the re- maining sections and provisions of the ordinance, which shall re- main in full force and effect . SECTION 4 ,, That any person, firm or corporation violating any of the provisions of this ordinance shall be fined in any sum not 1 to exceed Two Hundred Dollars ($200. 00) , and each day ' s viola- tion thereof shall constitute a separate offense . SECTION 5 . That this ordinance shall become effective and 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. AP�PRO/VVE"D' AS TO FORCE AND j'LEGALITY i City Attorney Adopted by the City Effective ..mnvN^'�'1 0W G ' City of Fort Worth, Eexas I f'** or and Council Communication %an, DATE REFERENCE SUBJECT: Ordinance Amending Chapter 3 of PAGE NUMBER g HrGIrT'c 5/25/70 G-1572 City Code 1 Of 1 7j µ On May 18, 1970 the City Council received M&C C-1560, which proposed that an ordinance, be adopted amending Chapter 3 of the City Code. This amendment pro- hibits the posting of signs and handbills on both public and private property throughout the City, unless proper consent is obtained. During the City Council,; meeting, several questions were raised about Section 3-6 of the proposed ordinance which concerned "Prima facie evidence of viola- tion". The Department of Law has revised Section 3-6 as recommended by the City Council. An attached revised ordinance amending Chapter 3 of the City Code is submitted for City Council consideration. Re,.,,ormendation It is recommended that the subject ordinance be adopted by City Council. I HDM/mh Attachment SUBMITT t1 8Y: DISPOSITIO Y„ COUNCIL: PROCESSED BY APPROVEm ❑ OTHER (DESCRIBE) �C�1 EC iTTARY / / DATE 00e CITY MANAGER m , NYNI