HomeMy WebLinkAboutOrdinance 25952-01-2023 ORDINANCE NO. 25952-01-2023
AN ORDINANCE AMENDING CHAPTER 20, "LICENSES AND
MISCELLANEOUS BUSINESS REGULATIONS" OF THE CODE OF THE
CITY OF FORT WORTH, TO ADD ARTICLE XIV ENTITLED
"BOARDING HOMES", ESTABLISHING THE INSPECTION,
REGISTRATION AND PERMITTING OF BOARDING HOMES, AND
ESTABLISHING ENFORCEMENT AUTHORITY; PROVIDNG RECORD
KEEPING REQUIREMENTS; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION;
AND NAMING AN EFFECTIVE DATE.
WHEREAS, the State Legislature enacted H.B. 216 in 2009 which provided
municipalities and counties with the option to require boarding homes obtain a permit to operate,
charge fees and require compliance with adopted model standards developed by the Texas Health
and Human Services Commission; and
WHEREAS, the Texas Health and Human Services Commission published model
standards for the operation of boarding home facilities related to: construction and remodeling of
boarding homes; sanitary and related conditions; the reporting and investigating of injuries,
incidents and unusual accidents and the establishment of policies and procedures to ensure
resident health and safety; assistance with self-administering medication; requirement for in-
service education of staff; criminal history checks; assessment and periodic monitoring;
municipal regulation of boarding home facilities in the August 27, 2010 edition of the Texas
Register; and
WHEREAS, H.B. 216 was codified in Chapter 260 of the Texas Health and Safety Code;
and
WHEREAS, neither Chapter 260 nor any other state law requires boarding home
facilities to comply with uniform state standards; and
WHEREAS, Section 215.075 of the Texas Local Government Code grants home-rule
municipalities the authority to license any lawful business or occupation that is subject to the
police power of the municipality; and
WHEREAS, the City Council believes that the standards in this ordinance will provide
adequate standards to protect the health and safety of residents of boarding home facilities,
including ensuring that adequate life-safety measures are present in boarding homes; and
WHEREAS, City Council acknowledges that if neighborhoods become composed
largely of boarding homes, that could adversely affect individuals with disabilities and would be
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inconsistent with the objective of integrating persons with disabilities into the community in a
residential setting; and
WHEREAS, the City Council has determined that the regulation of boarding home
facilities through this ordinance, which includes the adoption of model standards, the issuing of
permits,the inspection of boarding home facilities and the ability to enforce the provisions of the
ordinance is in the best interest of the public and will promote the public health,safety and welfare
of the City;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF FORT
WORTH:
SECTION 1.
The Code of Ordinances of Fort Worth,Texas is hereby amended by adding a new article,
Article XIV "Boarding Homes" to Chapter 20, "Licenses and Miscellaneous Business
Regulations," comprised of Sections 20-470 through 20-499 which read as follows:
ARTICLE XIV.—BOARDING HOMES
DIVISION I—GENERAL
SEC.20-•470. PURPOSE
(a) The purpose of this article is to implement the provisions of Chapter 260, Texas
Health and Safety Code, entitled "Boarding Home Facilities", as amended, which allows the
city to establish regulations for the protection of the health and safety of residents of boarding
home facilities. It is the intent and purpose of the city to administer and enforce this article to
ensure the health, safety and welfare of boarding home facility residents by establishing
standards for construction,maintenance,reporting, record-keeping, education, and training for
owners,operators and employees of boarding home facilities. These standards are implemented
pursuant to the city's home--rule authority under Article XI, Section 5 of the Texas Constitution
and the authority to license or permit lawful businesses subject to the city's police power granted
by Sections 54.004 and 215.075 of the Texas Local Government Code.
(b) The City intends that this article fully comply with the Federal Fair Housing
Amendments Act of 1988 ("FHAA"), the Americans with Disabilities Act of 1990 ("ADA"),
and the Americans with Disabilities Amendments Act of 2008, and all other applicable state
and federal legislation. It is the express intent of the city that this article be construed in a manner
consistent with the FHAA, the ADA, and all other applicable state and federal legislation at all
times.
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SEC.20- 471. DEFINITIONS.
Unless the context clearly indicates otherwise, in this Article:
(1) ABUSE means:
(A)The negligent or willful infliction of injury, unreasonable confinement,
intimidation, or cruel punishment with resulting physical or emotional harm
or pain to a resident by the person's caretaker, family member, or other
individual who has an on--going relationship with the person; or
(B)Sexual abuse of a resident, including any involuntary or non-.consensual
sexual conduct that would constitute an offense under Section 21.08 of the
Texas Penal Code (indecent exposure), as amended, or Chapter 22 of the
Texas Penal Code (assaultive offenses), as amended, committed by the
person's caretaker, family member or other individual who has an on--going
relationship with the person.
(2)ASSISTANCE WITH SELF-ADMINISTRATION OF MEDICATION means:
(A)Assisting a resident by reminding the resident to take medication;
(B)Opening and removing medications from a container;
(C)Placing medication in a resident's hand or in or on a clean surface such as a
medication reminder box; and
(D)Reminding a resident when a prescription medication needs to be refilled.
(3)BOARDING HOME FACILITY means an establishment that:
(A)Furnishes, in one or more buildings, lodging to three or more elderly and/or
disabled persons who are unrelated to the owner of the establishment by
blood or marriage; and
(B) Provides community meals, light housework, meal preparation,
transportation, grocery shopping, money management, laundry services, or
assistance with self-administration of medication to persons/residents who
are capable of feeding, dressing, moving, self-evacuating, bathing and
attending to other personal needs or maintenance without assistance; and
(C)Does not provide personal care services to persons/residents.
(4) CONVICTION means a conviction in a federal court or a court of any state or foreign
nation or political subdivision of a state or foreign nation that has not been reversed,
vacated, or pardoned. "Conviction" includes disposition of charges against a person
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by community supervision, including probation and deferred adjudication.
(5) DEPARTMENT means the department designated by the city manager to enforce
and administer this article.
(6) DIRECT THREAT means a significant risk to the health or safety of others that
cannot be eliminated by a modification of policies, practices, or procedures, or by
the provision of auxiliary aids or services.
(7) DIRECTOR means the director of the department designated by the city manager to
enforce and administer this article and includes representatives, agents, or
department employees designated by the director.
(8)DISABILITY means a disability as defined in 42 U.S.C. § 12102, as amended.
(9)ELDERLY means 65 years of age or older.
(10) EMPLOYEE means a person who performs caretaking duties or regularly works in
a boarding home facility.
(11)EXPLOITATION means the illegal or improper act or process of an owner,
operator, employee, caretaker, family member, or other individual who has an on-
going relationship with the resident using the resources of a resident for monetary
or personal benefit, profit, or gain without the informed consent of the resident.
(12) INJURY, INCIDENT, OR UNUSUAL ACCIDENT means an event that resulted
in a change in resident's physical or mental status that requires intervention by a
private or public entity responsible for medical or mental health services or an event
that requires the facility to take safety and protection measures for the resident or
others. This term includes, but is not limited to, the following:
(A)An allegation of abuse, neglect, or exploitation.
(B)Death.
(C)A resident's unexplained absence from the boarding home facility.
(D)Fire.
(E)Criminal acts.
(F)Fights between residents.
(13) NEGLECT means the failure of a resident or permit holder to provide goods or
services,including medical services that are necessary to avoid physical or emotional
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harm or pain.
(14)OPERATOR means the person in control of a boarding home facility.
(15) OWNER means an individual who has an ownership interest in a corporation or
other legal entity operating a boarding home facility or the owner of the real property
where a boarding home facility is located.
(16)PERMIT HOLDER means:
(A) A person in whose name a boarding home facility permit has been issued;
(B)Each individual listed as an owner or operator of the boarding home facility
on the application for a boarding home facility permit;
(C)Each individual who has an ownership interest in the corporation or other
legal entity owning or operating the boarding home facility, regardless of
whether the individual's name or signature appears on the boarding home
facility permit application; and
(D)Each officer of the corporation or other legal entity owning or operating a
boarding home facility, regardless of whether the individual's name or
signature appears on the boarding home facility permit application.
(17)PERSONAL CARE SERVICES means:
(A)Assistance with meals, dressing, movement, bathing, or other personal needs
or maintenance;
(B)The administration of medication by a person licensed to administer
medication or the assistance with or supervision of medication; or
(C)General supervision or oversight of the physical and mental well-being of a
person who needs assistance to maintain a private and independent residence
in an assisted living facility or who needs assistance to manage the person's
personal life, regardless of whether a guardian has been appointed for the
person.
(18)RESIDENT means a person who is residing in a boarding home facility.
(19)SLEEPING ROOM means an area used by a resident for sleeping containing a bed
and does not include a bathroom, kitchen, living area or other open space area.
SEC.20-472. AUTHORITY OF THE DIRECTOR.
The director shall implement and enforce this article and may by written order establish
such rules,regulations, or procedures, not inconsistent with this article or other city ordinances,
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rules, or regulations, or any county, state, or federal laws or regulations, as the director
determines are necessary to discharge any duty under or to affect the policy of this article.
DIVISION II—ADMINISTRATIVE
SEC. 20-473. PERMIT REQUIRED.
(a) A person commits an offense if they own or operate a boarding home facility in the
city without a valid permit issued under this article.
(b) It is a defense to prosecution under this section if a person operates a facility listed
in section 20-474 of this article.
SEC.20-474. EXEMPTIONS.
This article does not apply to the following:
(1) Home and community support services licensed under Chapter 142 of the
Texas Health and Safety Code, as amended.
(2) Convalescent and nursing homes and related institutions licensed under Chapter
242 of the Texas Health and Safety Code, as amended.
(3) Continuing care facilities licensed under Chapter 246 of the Texas Health and
Safety Code, as amended.
(4) Assisted living facilities licensed under Chapter 247 of the Texas Health and Safety
Code, as amended.
(5) Intermediate care facilities for the mentally retarded licensed under Chapter 252 of
the Texas Health and Safety Code, as amended.
(6) A person that provides from home health, hospice, or personal assistance services
only to persons enrolled in a program funded wholly or partly by a state agency with
jurisdiction over mental health and mental disability and monitored by that state
agency or its designated local authority in accordance with standards set by that
agency as defined in Section 142.003(a)(19) of the Texas Health and Safety Code,
as amended.
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(7) An establishment conducted by or for the adherents of a well--recognized church or
religious denomination for the purpose of providing facilities for the care and
treatment of the sick who depend exclusively on prayer or spiritual means for
healing, without the use of any drug or material remedy, if the establishment
complies with safety, sanitary, and quarantine laws and rules as defined in Section
242.003(3) of the Texas Health and Safety Code, as amended.
(8) A facility that provides personal care services only to persons enrolled in a program
that is funded in whole or in part by a state department or agency and that is
monitored by a state department or agency or its designated local mental retardation
authority in accordance with standards set by the state department or agency, as
defined in Section 247.004(4) of the Texas Health and Safety Code, as amended.
(9)A hotel as defined by Section 156.001 of the Texas Tax Code, as amended.
(10) A retirement community as defined by Section 11.18 of the Texas Tax Code, as
amended.
(11)A monastery or convent.
(12) A childcare facility as defined by Section 42.002 of the Texas Human Resources
Code as amended.
(13) A family violence shelter center as defined by section 51.002 of the Texas Human
Resources Code, as amended.
(14) A fraternity or sorority house, or other dormitory, associated with an institution of
higher education.
SEC. 20-475. PERMIT APPLICATION
(a) To obtain a permit to operate a boarding home facility, a person must submit an application
to the director on a form provided for that purpose. The applicant must be the owner or operator
of the boarding home facility. If the owner or operator is not an individual,an authorized officer
or agent of the owner or operator must file the form. The application must contain the following
information and be accompanied by the fee required under his article before it is considered to
be complete:
(1) The name, street address, mailing address, e-mail address, telephone number, a
legible copy of the driver's license or other official state or federal identification
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card, and date of birth of the applicant. The street address may not be the address of
the boarding home facility unless the applicant actually resides full-time at the
boarding home facility.
(2) The name, street address, mailing address, e-mail address, telephone number, a
legible copy of the driver's license or other official state or federal identification
card, and position of the authorized officer or agent filing the form on behalf of the
applicant, if the applicant is not an individual. The street address may not be the
address of the boarding home facility unless the authorized officer or agent actually
resides full-time at the boarding home facility.
(3) The form of business of the applicant; the name, street address, mailing address, e-
mail address,telephone number,a legible copy of the driver's license or other official
state or federal identification card, and date of birth of a high managerial agent of the
business; and, if the business is a legal entity, such as a corporation or association, a
copy of the documents establishing the business.
(4) If the operator of the boarding home is renting or leasing the home or facility, then
the operator must present a letter from the owner of the real property authorizing the
use of the rental property to operate a boarding home and acknowledging the
requirements for the property to be used as a boarding home set out within this article.
(5)The street address and telephone number of the boarding home facility.
(6) The name, street address, mailing address, e-mail address, and telephone number of a
person or persons to contact in an emergency as required by this article.
(7) Documentary evidence of payment of ad valorem taxes, fees, fines, and penalties
owed to the city in connection with the real property used to operate the boarding
home facility.
(8) The names, street addresses, mailing addresses, e-mail addresses, telephone
numbers, legible copies of the drivers' licenses or other official state or federal
identification cards, and dates of birth of any owners, operators, or employees of the
boarding home facility other than the applicant. The street address may not be the
address of the boarding home facility, unless the owner, operator, or employee
actually resides full-time at the boarding home facility.
(9) Completed state or federal request and release forms authorizing the city to obtain a
criminal history report on each owner, operator and employee of the boarding home
facility.
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(10)The maximum number of residents that will reside at the boarding home facility.
(11) The services to be offered or provided to the residents of the boarding home facility.
(12) A zoning verification letter stating that the proposed use of the property complies
with the city's Zoning Ordinance.
(13) If the boarding home facility has one or more residents with a disability, a list of
disabilities of the residents.
(14) A statement that, by filing the application, the applicant swears or affirms under
penalty of perjury that, to the best of the applicant's knowledge, all information
contained in the application is true and correct and that the application is complete
and includes all information required to be disclosed under this section.
(15) Such additional information as the applicant desires to include or that the director
deems necessary to aid in the determination of whether the requested permit should
be granted.
(b) The application will automatically expire if either the fee or the information requested in
subsection (a) is not provided to the director within 30 days of the date the applicant was notified
of the request for additional information.
SEC. 20-476. NOTIFICATION OF CHANGE OF INFORMATION.
The permit holder shall notify the director within 10 days after any material change in
the information contained in the application for a permit to operate a boarding home facility,
including any change in ownership or operation of the property and any new disabilities served
by the boarding home facility.
SEC.20-477. FEES.
(a)The fee for a permit to operate a boarding home facility is $1,500.00.
(b)No refund of a permit fee will be made.
SEC. 20-478. ISSUANCE AND DENIAL OF PERMIT.
(a)Upon payment of all required fees and the submission of a complete application, the
director may issue a permit to operate a boarding home facility to the applicant if the director
determines that:
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(1)The applicant has complied with all requirements for issuance of the permit;
(2) The applicant, owners, operators, and employees of the boarding home
facility meet the criminal history qualifications of this article;
(3) The applicant, owners,operators, or employees of the boarding home facility
do not own or operate another permitted boarding home facility in the city
for which the permit is currently suspended or has been revoked;
(4) The applicant has not made a false statement as to a material matter in the
application for a permit;
(5) The condition and use of the boarding home facility complies with zoning
regulations, and all other standards in this article applicable to the property;
and
(6) The applicant, owners, and operators do not owe the city any ad valorem
taxes, fees, fines or penalties.
(b)If the director determines that the requirements of Subsection(a)have not been met,
the director shall deny the permit.
(c) If the director determines that an applicant should be denied a permit, the director
shall notify the applicant in writing that the application is denied and include in the notice the
reason for denial and a statement informing the applicant of the right of appeal.
SEC. 20-479 SUSPENSION OF PERMIT; PROHIBITION OF NEW RESIDENTS.
(a)The director may suspend a boarding home facility permit for a period not to exceed
90 days if the director finds that the permit holder or an employee of the boarding home facility
has:
(1) Failed to comply with any provision of this article, any other ordinance, or
any state or federal law applicable to the operation of a boarding home
facility; or
(2) Intentionally or knowingly impeded or refused to allow an inspection by the
director authorized under this article.
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(b) A boarding home facility for which the permit has been suspended may not admit
any new residents during the time the permit is suspended.
(c) In lieu of suspending a permit for a boarding home facility, the director, at their sole
discretion,may enter into a compliance agreement with a permit holder if the director determines
that the compliance agreement would eliminate the noncompliance that would otherwise justify
a suspension, result in prompt future inspections, and elevate one or more conditions at the
boarding home facility to a standard above the requirements of this article.
(d) The director shall send a written statement of the reasons for the suspension, the date
the suspension is to begin,the duration of the suspension, and the permit holder's right to appeal
by certified mail, return receipt requested.
(e)A permit holder whose permit is suspended may not be granted a permit to operate
additional boarding home facilities during the period of suspension.
(f)A permit holder commits an offense if they operate or own a boarding home facility
that admits new residents during the time that the suspension of the permit is in effect.
SEC. 20-480. REVOCATION OF PERMIT.
(a) Except as provided in Subsection (b), the director shall revoke any permit issued to
operate a boarding home facility if the director determines that:
(1) The permit holder fails to meet the criminal history qualifications of this
article or employs a person at the facility who fails to meet the criminal
history qualifications.
(2) The permit holder intentionally made a false statement as to a material matter
in the application or in a hearing concerning the permit;
(3) The permit holder failed to pay a fee required by this article at the time it was
due; or
(4) A cause for suspension under Section 20-480 has occurred and the permit
has already been suspended at least once within the preceding 12 months.
(b) In lieu of revoking a permit for a boarding home facility, the director, at their sole
discretion may enter into a compliance agreement with a permit holder if the director determines
that the compliance agreement would eliminate the noncompliance that would otherwise justify
a revocation, result in prompt future inspections, and elevate one or more conditions at the
boarding home facility to a standard above the requirements of this article.
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(c) Before revoking a license under Subsection (a), the director shall notify the permit
holder in writing by certified mail, return receipt requested, that the permit is being considered
for revocation. The notice must include the reason for the proposed revocation,action the permit
holder must take to prevent the revocation,and a statement that the permit holder has 10 calendar
days to comply with the notice.
(d) If, after 10 calendar days from the date of the notice required in Subsection (c) was
sent or delivered (whichever is later), the permit holder has not complied with required actions
listed in the notice, the director shall revoke the permit and notify the permit holder in writing
of the revocation. The notice must include the reason for the revocation, and a statement
informing the permit holder of the right to appeal.
(e) If a permit has been revoked, the permit holder has 10 calendar days from the date
the notice was sent or delivered (whichever is later), to relocate the residents of the facility and
cease operations. An appeal of the revocation does not suspend or toll this deadline
SEC.20-481. APPEALS.
If the director denies issuance or renewal of a permit or suspends or revokes a permit
issued under this article, the action is final unless the permit holder files a written appeal within
10 business days with the Office of the City Manager.
SEC. 20-482. EXPIRATION AND RENEWAL OF PERMIT.
(a) A permit to operate a boarding home facility expires one year after the date of
issuance.
(b) A permit holder shall apply for renewal at least 30 calendar days before the
expiration of the permit on a form provided by the director. The permit holder shall update the
information contained in the original permit application required under Section 20-475 of this
article or any subsequent renewals under this section, if any of the information has changed. The
permit holder shall sign a statement affirming that there is either no change in the information
contained on the original permit application and any subsequent renewal applications, or that
any information that has been updated is accurate and complete.
(c) The director shall follow the procedures set forth in this article when determining
whether to renew a permit.
(d)The fee for the renewal of a permit to operate a boarding home facility is $1,000.00.
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SEC. 20-483. NONTRANSFERABILITY.
A permit to operate a boarding home facility is not transferable to another owner,
operator, or location.
SEC.20-484. POSTING REQUIREMENTS.
The permit holder shall prominently and conspicuously post for display in a public area
inside the boarding home facility that is readily available to residents, the operator, employees,
and visitors the following:
(1) The permit issued under this article to operate the boarding home facility.The permit
must be presented upon request to the director, director's designee or to a peace
officer for examination.
(2) A sign prescribed by the director specifying how complaint may be registered with
the city.
(3) A notice in a form prescribed by the director stating that inspection and related
reports are available at the facility for public inspection and providing a telephone
number that may be used to obtain information concerning the facility.
(4) A copy of the most recent inspection report relating to the facility by the city or a
concise and accurate summary of that inspection report.
(5) A notice in a form prescribed by the director that lists the name, location,and contact
information for:
(A)The closest local public health services agency in the proximity of the facility;
and
(B)A local organization or entity that represents, advocates, or serves elderly
persons or persons with disabilities, including any related toll--free contact
information for reporting emergencies to the organization or entity.
SEC.20-485. INSPECTIONS; FEES.
(a)Required inspections.
(1)A boarding home facility must pass all required inspections.
(2) The permit holder shall keep a current file of reports and other documentation
on site that is needed to demonstrate compliance with applicable ordinances,
laws, and regulations, including, but not limited to, documentation of those
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requirements set out in sections 20-491, 20-494, 20-496, 20-497 and 20-498 of
this article. Inspection records must be signed and dated by the appropriate
authority and there must be no pending corrective actions.
(3)The following inspections are required:
(A)Permitting inspection.
(B)Annual permit renewal inspection.
(C)Annual fire inspection.
(D)Annual kitchen inspection for a boarding home facility that provides
meal preparation.
(b) Other inspections. The director may inspect any boarding home facility for the
purpose of ascertaining whether violations of this article or any other city ordinances exist. The
director is authorized at a reasonable time to inspect:
(1) The exterior of a structure and the surrounding premises; and
(2) The interior of a structure if the permission of the owner, occupant, or
person in control is given or a search warrant is obtained.
(c) Consequences of refusal to inspect. If the owner, occupant, or person in control
denies permission to search any part of the interior or exterior of the structure or the surrounding
premises,the director may suspend the permit to operate a boarding home facility in accordance
with Section 20-480.
(d)Reinspections. Whenever a boarding home facility is inspected by the director and a
violation of this article or any other city ordinances is found,the building or premises will, after
the expiration of any time limit for compliance given in the notice or order issued because of the
violation, be reinspected by the director to determine that the violation has been eliminated.
(e) Reinspection fee: The permit holder shall pay:
(1) To the director, $500.00, for each reinspection after the first inspection by
that department that must be conducted before the violation is determined to
be eliminated; and
(2) To the director of any other city department the fee required (if any) by the
applicable code for each reinspection by that department that must be
conducted before the violation is determined to be eliminated.
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SEC. 20-486. REPORTS TO THE TEXAS HEALTH AND HUMAN SERVICES
COMMISSION.
As required by Section 260 of the Texas Health and Safety Code, before September 30`h
of each year, the director shall submit a report to the Texas Health and Human Services
Commission. The report must contain the following information:
(1) The total number of boarding home facilities issued permits by the city during the
preceding state fiscal year.
(2) The total number of boarding home facility applications for which permits
were denied, including a summary of the causes for denial.
(3) The total number of boarding home facility permits that were active on August 3Is'
of the preceding state fiscal year.
(4) The total number of residents housed in each boarding home facility reported.
(5) The total number of inspections conducted by the city at each boarding home
facility.
(6) The total number of permits suspended or revoked as a result of an inspection.
(7) A summary of the outcome for any residents displaced by suspension or revocation
of a permit.
DIVISION III -- STRUCTURE AND MAINTENANCE.
SEC. 20-487. CONSTRUCTION, REMODELING, AND MAINTENANCE.
(a) In general. Each permit holder shall ensure the residents' health, safety, comfort, and
protection through the standards contained in this section that address the construction,
remodeling, and maintenance of a boarding home facility.
(b) Applicable regulations. Each boarding home facility must comply with the following
codes and regulations:
(1)Local zoning, building and property maintenance codes.
(2)Federal, state, or local adopted fire codes and standards.
(3)Federal, state, and local health and safety codes.
(4)Federal and state accessibility regulations.
(c) Public pathways and stairways. A public pathway or stairway in a building must
maintain a minimum unobstructed width in accordance with the local fire code,as amended, and
must be provided with a convenient light switch controlling an adequate light system.
(d)Maintenance.
(1) The permit holder shall maintain the dwelling and premises in a clean and
sanitary condition.
(2) The permit holder shall keep a boarding home facility in good repair and
maintenance in a manner that will promote the health, comfort, safety, and
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well-being of residents.
(3) The permit holder shall be responsible for the extermination of any insects,
rodents or other pests in the rooms occupied by residents,storage areas,attics,
or on the premises or yard.
SEC.20-488. SLEEPING ROOMS.
(a) Sleeping space per person. Each room occupied for sleeping purposes by one occupant
must contain at least 70 square feet of floor space, and every room occupied for sleeping purposes
by more than one person must contain at least 50 square feet of floor space for each occupant.
(b) Emergency exit. Each sleeping room must provide access to an emergency exit
without passing through another sleeping room.
SEC.20-489. TELEPHONE.
A telephone that is connected to a land line must be available 24 hours a day, be easily
accessible, and afford privacy for use by residents. A list of emergency telephone numbers,
including the numbers of the local police department, local fire department,ambulance,the City
department that issued the boarding home permit, the Texas Department of Family and
Protective Services (DFPS), the local mental health authority, and the Texas Information and
Referral Network,must be placed in plain view on or next to the telephone and made accessible
to persons who are visually or hearing impaired, as needed.
SEC.20-490. KITCHEN.
(a)A kitchen must be accessible to each resident without going through a sleeping
room of another resident;
(b) A kitchen must have a food preparation area of at least six square feet that is
smooth, impermeable, free of cracks, and easily cleanable.
(c) If a boarding home facility has a kitchen it must contain a minimum floor space of
sixty square feet for dining area. A kitchen with an attached dining area must be at least 100
square feet in area.
(d) A kitchen must contain a sink with for manual dishwashing.
(e)A kitchen must contain an operational cooking stove with at least two burners fueled
by gas or electricity.
(f) A kitchen must contain at least one cabinet with a minimum of five cubic feet of
storage space per resident, suitable for storage of food and utensils.
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(g)The permit holder shall keep the kitchen in a clean and sanitary condition.
DIVISION IV.--RESIDENT HEALTH AND SAFETY
SEC. 20-491. EMERGENCY PRECAUTIONS.
(a) The permit holder shall provide fire escapes and exits that are kept in good repair and
accessible at all times in accordance with applicable fire codes, as amended.
(b)The permit holder shall implement a written fire and evacuation plan that sets forth
the responsibilities and steps to be taken by staff and residents in the event of a fire or other
emergency. If a boarding home facility has a resident who has a mobility-impairment, the
permit holder shall submit the written plan to the local fire department and obtain its approval
of the plan.
(c) The permit holder shall post an emergency evacuation plan in each sleeping room
and the kitchen of the facility.
(d)The permit holder shall ensure that each resident receives training on the emergency
evacuation plan at least two timer per year and shall maintain documentation of such training.
(e) Flammable supplies and gasoline-operated maintenance equipment and lawn care
equipment must be stored in the garage of the facility or in a detached storage shed.
(f)The permit holder shall ensure that all residents are shown how to use all emergency
exits from the boarding home facility within 24 hours after arrival at the boarding home facility.
The permit holder shall maintain documentation of such training.
(g)First aid supplies.
(1) The permit holder shall provide first aid supplies as recommended by the
American Red Cross.
(2) The permit holder shall ensure that the first aid supplies are readily accessible
to all the residents and inform the residents of the location of the supplies.
SEC. 20-492. POISONOUS, TOXIC, AND FLAMMABLE MATERIALS.
(a)The permit holder shall ensure that poisonous,toxic, and flammable materials:
(1) Are stored and maintained away from bed linens, towels, food items, and
kitchen equipment; and
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(2) Are not used in a way that contaminates food equipment or utensils or
constitutes a hazard to employees or residents.
(b) The permit holder shall prominently and distinctly label poisonous, toxic, and
flammable materials for easy identification of contents.
SEC. 20-493. FOOD AND DRINK; MEALS.
(a) In general. If a boarding home facility serves meals to one or more residents,
the permit holder shall ensure the following:
(1) All food and drink are clean and free from spoilage, pathogenic organisms,
toxic chemicals, and other harmful substances.
(2) All food and drink are prepared, stored, handled, and served so as to be safe
for human consumption.
(3) All food or drink subject to spoilage is maintained at a temperature of
41 degrees Fahrenheit or below.
(4) Hot foods that are ready to be served are maintained at 135 degrees
Fahrenheit or above at all times.
(5) All food or drink stored in the freezer is maintained at a temperature of no
higher than 0 degrees Fahrenheit.
(6) All food stored in food containers shall be appropriately labeled, dated, and
protected from flies, insects, rodents, dust and moisture.
(b) Animals prohibited. With the exception of service animals for persons with
disabilities, birds, cats, dogs, or other animals are not permitted in areas where food is prepared
or stored, or where utensils are washed or stored.
(c)Food handling.
(1)An owner, operator, employee, or resident engaged in food handling shall:
(A) Observe sanitary methods, including hand washing; and
(B)Not be assigned to preparing foods for others at the facility if carrying
a disease that can be transmitted to others.
(2) If preparing meals for residents, staff must obtain a valid food handler's
permit in accordance with Chapter 16 of the city code.
SEC. 20-494. REPORTING AND INVESTIGATION OF INJURIES,INCIDENTS AND
UNUSUAL ACCIDENTS AND THE ESTABLISHMENT OF POLICIES AND
PROCEDURES TO ENSURE RESIDENT HEALTH AND SAFETY.
(a) Each permit holder of a boarding home facility must ensure that there is on-site
supervision of its boarding home facility during any time that a resident is present at the facility.
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(b) Each permit holder of a boarding home facility must develop and implement policies
and procedures for investigating and documenting injuries, incidents and unusual accidents that
involve residents.Permit holders must also establish policies and procedures necessary to ensure
resident health and safety.
(1) Minimum requirements for the documentation of injuries, incidents or
unusual accidents should include, but are not limited to:
(A)Date and time of the injury, incident or unusual accident occurred.
(13)Description of the injury, incident or unusual accident.
(C)Description of any medical or mental health treatment the resident
received.
(D)Steps taken by the permit holder to prevent future injuries, incidents
or unusual accidents if a problem at the room and board facility
resulted in the injury, incident or unusual accident.
(E) When the resident's legal guardian or legally authorized
representative was notified about the injury, incident or unusual
accident.
(2) Residents, the resident's guardian, or legally authorized representatives
should be given access to records within forty-eight hours of requesting the
records from the permit holder.
(c)In addition to investigating and documenting injuries,incidents or unusual accidents,
a permit holder must report any allegations of abuse, neglect or exploitation of an adult age
sixty-five or older or an adult with a disability to the Texas Department of Family and Protective
Services. Failure to report suspected abuse, neglect or exploitation of an elderly adult or adult
with a disability is a Class A misdemeanor.
(1) Each permit holder should ensure that each resident has access to a telephone
twenty-four hours per day that is easily accessible and affords privacy for use
by residents.
(2) The permit holder shall ensure that no resident is harassed, threatened or
intimidated at any time for making a report of abuse, neglect or
exploitation.
(3) Permit holders will provide each resident with a copy of the definitions of
abuse, neglect or exploitation as outlined in Chapter 48 of the Human
Resources Code.
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(4) Permit holders will allow law enforcement personnel, emergency medical
and fire personnel access to the room and board facility when these
professionals are responding to a call at the permit holder's room and board
facility.
(d) No operator or other employee of a boarding home facility shall provide services
or engage in behavior that constitutes a financial conflict of interest including:
(1) Borrowing from or loaning money to residents;
(2) Witnessing wills in which the operator or employee is a beneficiary;
(3) Co-mingling the resident's funds with the operator's or other residents'
funds; or
(4) Becoming the guardian, conservator or power of attorney for a resident.
(e) If a permit holder becomes the representative payee for a resident or assists a
resident with general money management, the permit holder shall:
(1) Maintain separate financial records for each resident for which the permit
holder is the representative payee for the entire period of time the permit
holder is the resident's representative payee and continue to maintain the
resident's records for one year past the last calendar day the permit holder is
the resident's representative payee;
(2) Include in the records an itemized list of expenditures that the permit holder
has made on behalf of the resident, including the charges that are assessed by
the permit holder;
(3) Maintain receipts for all expenditures in addition to the itemized
documentation;
(4) Develop a budget with the resident outlining routine expenditures and ensure
that expenditures that are not routine are discussed with the resident before
the resident's funds are expended; and
(5) The permit holder will allow the resident, the resident's guardian, or legally
authorized representative access to the resident's financial records that are
maintained by the permit holder within forty-eight hours of receiving a
request.
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(f) A permit holder of a boarding home facility shall develop a service agreement with
each resident and maintain a copy of the agreement signed by the resident.
SEC.20-495. ASSISTANCE WITH SELF••ADMINISTRATION OF MEDICATION.
(a) Assistance with self-administration of medication may be provided to an adult
resident who can identify his or her medication and knows when the medication should be taken
but requires assistance with self-administration. Assistance with self-administration of
medication may not be provided to a minor.
(b)Assistance with self-administration of medication is limited to:
(1) Reminding the resident to take medication;
(2) Opening a container, removing medication from a container, and placing
medication in a resident's hand or in or on a clean surface, such as a pill cup
or medication reminder box, for the resident's self-administration; and
(3) Reminding the resident when a prescription needs to be refilled.
(c)The permit holder shall store all residents' medication in a locked area. The permit
holder shall provide a central locked storage area or individual locked storage areas at the
boarding home facility for each resident's medication.
(1) If the boarding home facility uses a central medication storage area, a
boarding home employee must be available to provide access at all times and
each resident's medication must be stored separately from other residents'
medications within the storage area.
(2) If a resident's medication requires refrigeration, the permit holder shall
provide a refrigerator with a designated and locked storage area or a
refrigerator inside a locked medication room.
(3) The permit holder shall store medications labeled "for external use only"
separately within the locked area.
(d) The permit holder shall ensure that poisonous substances are labeled and safely
stored within a locked area.
(e) If a boarding home facility stores controlled substances, the permit holders shall
adopt and enforce a written policy for preventing the diversion of the controlled substances.
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(f)After a resident ceases to reside in the boarding home facility, the permit holder shall
properly dispose of any of the resident's remaining medication in accordance with applicable
laws.
SEC.20-496. REQUIREMENTS FOR IN-SERVICE EDUCATION OF BOARDING
HOME FACILITY STAFF.
(a)Each permit holder, employee and staff member of a boarding home facility must
be trained on the following subjects prior to contact with residents:
(1)Employer rules and policies.
(2) Preventing, recognizing, and reporting abuse, neglect, and exploitation
of residents.
(3)Residents' rights, including all applicable rights from the following:
(A)Chapter 102 (Rights of the Elderly) of the Texas Human
Resource Code, as amended.
(B) Chapter 112 (Developmental Disabilities) of the Texas
Human Resource Code, as amended.
(C)Chapter 301 (Fair Housing Practices) of the Texas Property Code, as
amended.
(D) Chapter 92 (Residential Tenancies) of the Texas Property Code,
as amended.
(4) Policies and procedures for contacting emergency personnel when health or
safety of a resident or another individual is at risk.
(5) Complaint process specific to the city and the boarding home facility.
(6) Assisting residents with self-administration of medication.
(7) Prevention, recognition, and reporting of injuries, incidents, and unusual
accidents to residents and others in the boarding home facility.
(8) Emergency, evacuation and disaster plans.
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(9) Assisting residents with obtaining health and social services.
(10) Services provided by the boarding home facility, including:
(A)nutrition, meal preparation, and dietary needs, if the boarding home
facility provides meal preparation;
(B)sanitation;
(C)laundry, if the boarding home facility provides laundry services; and
(D)house work, if the boarding home facility provides house work.
(b) Each permit holder and employee of a boarding home facility is subject to the
following ongoing training requirements:
(1) Updates and changes in any policies and procedures within 10 days after the
permit holder or employee becomes aware of the change.
(2) Orientation specific to the needs of each new resident within one business
day of the resident moving into the facility.
(3) Orientation specific to the needs of a resident whose needs have changed due
to injury, illness, hospitalization, or other circumstances that affect the
resident's needs within one day after permit holder or employee becoming
aware of the change.
SEC. 20-497. CRIMINAL BACKGROUND HISTORY CHECKS.
(a) A boarding home facility permit holder's permit to operate a boarding home may be
denied, revoked, suspended, or denied for renewal if the permit holder has been convicted of a
criminal offense listed in subsections (c) or (d) of this section or if the permit holder has in its
employ any person convicted of a criminal offense listed in subsection (c) or(d).
(b) The permit holder must complete any state or federal request and release forms that
are required to obtain a criminal history report for the permit holder. In addition to the permit
fee, the permit holder will provide funding to the county/municipality in a manner specified by
the county/municipality to cover any fees imposed by state or federal agencies for the report.
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(c) The following histories will disqualify a permit holder from obtaining a permit
to operate a boarding home or will serve as a bar to being employed by a boarding home
facility:
(1)Chapter 19, Texas Penal Code (criminal homicide);
(2)Chapter 20, Texas Penal Code (kidnapping and unlawful restraint);
(3) Section 21.02, Texas Penal Code (continuous sexual abuse of young child
or children);
(4) Section 21.08, Texas Penal Code (indecent exposure);
(5) Section 21.11, Texas Penal Code (indecency with a child);
(6) Section 21.12, Texas Penal Code (improper relationship between
educator and student);
(7) Section 21.15, Texas Penal Code (improper photography or visual recording);
(8) Section 22.011, Texas Penal Code (sexual assault);
(9)Section 22.02, Texas Penal Code (aggravated assault);
(10) Section 22.021, Texas Penal Code (aggravated sexual assault);
(11) Section 22.04, Texas Penal Code (injury to a child, elderly individual
or disabled individual);
(12) Section 22.041, Texas Penal Code (abandoning or endangering child);
(13) Section 22.05, Texas Penal Code (deadly conduct);
(14) Section 22.07, Texas Penal Code (terroristic threat);
(15) Section 22.08, Texas Penal Code (aiding suicide);
(16) Section 25.031, Texas Penal Code (agreement to abduct from custody);
(17) Section 25.08, Texas Penal Code (sale or purchase of a child);
(18) Section 28.02, Texas Penal Code (arson);
(19) Section 29.02, Texas Penal Code (robbery);
(20) Section 29.03, Texas Penal Code (aggravated robbery);
(21) Section 30.02, Texas Penal Code (burglary);
(22) Section 31, Texas Penal Code (theft) that is punishable as a felony;
(23) Section 33.021, Texas Penal Code (online solicitation of a minor);
(24) Section 34.02, Texas Penal Code (money laundering);
(25) Section 35A.02, Texas Penal Code (Medicaid fraud);
(26) Section 42.09, Texas Penal Code (cruelty to animals); or
(27) A conviction under the laws of another state, federal law, or the Uniform
Code of Military Justice for an offense containing elements that are
substantially similar to the elements of an offense listed in this subsection.
(d) A person may not own a boarding home or be employed in a position the duties of
which involve direct contact with a resident in a boarding home before the fifth anniversary of
the date the person is convicted of any felony offense not listed in subsection C. or any of the
following non-felony offenses:
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(1) An offense under Section 22.01, Penal Code (assault), that is punishable as
a Class A misdemeanor;
(2) An offense under Section 32.45, Penal Code (misapplication of fiduciary
property or property of a financial institution), that is punishable as a Class
A misdemeanor or a felony;
(3) An offense under Section 32.46, Penal Code (securing execution of a
document by deception), that is punishable as a Class A misdemeanor or a
felony;
(4) An offense under Section 37.12, Penal Code (false identification as
peace officer);
(5) An offense under Section 42.01(a)(7), (8), or (9), Penal Code
(disorderly conduct); or
(6) A conviction under the laws of another state, federal law, or the Uniform
Code of Military Justice for an offense containing elements that are
substantially similar to the elements of an offense listed in this subsection.
(e) The permit holder must ensure that all employees, including volunteers who are not
residents, have had a background check of conviction records, pending charges and
disciplinary board decisions completed within the past two years, and is repeated every
year thereafter, and that the individual is not disqualified under the provisions of
subsections (c) and(d) of this section. The permit holder will immediately discharge any
employee or volunteer whose criminal history check reveals conviction of a crime that
bars employment or volunteer service.
SEC. 20-498. ASSESSMENT AND PERIODIC MONITORING OF RESIDENTS.
(a) The permit holder, or a designee of the permit holder, shall:
(1) Complete and document an initial assessment of a resident within 10 days
after the date the resident begins residing at the facility, and conduct periodic
monitoring thereafter, to ensure that the resident is capable of self--
administering medication and completing basic elements of personal care as
listed in subsections (b) and (c). The initial assessment will be used as a tool
to determine if the needs of the resident can be provided by a boarding home
facility or if the resident needs personal care services or medication
administration that cannot be provided by the boarding home facility.
(2) Complete and document an annual assessment and conduct periodic
monitoring to ensure that each resident is capable of self-administering
medication and completing basic elements of personal care as listed in
subsection (b) and (c). The annual assessment will be used as a tool to
determine if the needs of the resident can continue to be provided by a
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boarding home facility or if the resident needs personal care services or
medication administration that cannot be provided by the boarding home
facility.
(b) Elements of the self-administration of medication to be assessed include the ability
to perform each of the following tasks with little assistance:
(1) Identifying the name of the medication.
(2) Providing a reason for the medication(the owner or operator cannot force the
resident to disclose a health condition that is the basis for the medication if
the resident refuses).
(3) Distinguishing color or shape.
(4) Preparing the correct number of pills (dosage).
(5) Confirming the time to take medications.
(6) Reading labels.
(c) Elements of personal care to be assessed by the permit holder include but are not
limited to the resident's ability to do the following:
(1)Eat independently.
(2)Bathe without assistance.
(3)Dress without assistance.
(4)Move and transfer independently.
(d) As a result of the initial assessment, or a subsequent annual assessment, if a permit
holder finds that a resident is unable to perform basic elements of personal care as listed in
Subsection(c), or is in a state of self-neglect, and believes that a higher level of care is needed,
the owner or operator shall:
(1) Contact the Texas Department of Family and Protective Services by phoning
the state.-wide intake division at 1--800--252--5400;
(2) Notify the resident's guardian or legally authorized representative;
(3) Notify a family member designated by the resident, the legal guardian, or the
legally authorized representative; and
(4) Contact the appropriate health or human services authority to advise that the
resident requires services beyond what can be provided by the boarding home
facility.
(c) A state of self-neglect does not exist if the resident receives outside professional
services that meet the resident's need for personal care or self-administration of medication. In
these cases, the resident can remain in the boarding home facility provided that all needs for
personal care and self-administration of medication are met.
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DIVISION V. ENFORCEMENT.
SEC. 20-499. VIOLATIONS; PENALTY.
(a) Regardless of a boarding home facility's status, a person who violates any provision of
this article, or who fails to perform a duty required by this article, commits an offense.
(b) An owner, operator, employee, or other person in control of a permitted or unpermitted
boarding home commits an offense if he or she knowingly operates an unsafe facility that
represents an immediate threat to the health or safety of a resident, including a situation that has
caused, or is likely to cause, serious injury, harm, impairment, or death to a resident.
(c) An owner, operator, employee, or volunteer shall not operate a boarding home facility
in a manner that results in illegal or nuisance activities including, but not limited to, disturbance
of the peace, illegal drug activity, harassment of passers-by, public urination, theft, assault,
vandalism, littering, illegal parking, loud noise, disorderly conduct, lewd conduct, or police
detention or arrests.
(d) An offense under this article is punishable by a fine not to exceed:
(1) $2,000 and/or up to 180 days in jail in accordance with Section 260.0051 of the
Texas Health and Safety Code, as amended, if a person operates a boarding home facility in the
city without a valid permit in violation of this article;
(2) $2,000 if the provision violated governs fire safety, public health, or sanitation; or
(3) $500 for all other offenses.
(e) A separate offense occurs each day or part of a day the violation is committed,continued,
or permitted.
(f) Emergency closing order.
(1) If the director finds a boarding home facility operating in violation of the standards
prescribed by this article and the violations create an immediate threat to the health
and safety of a resident in the facility, the director may order immediate closing
of all or part of the facility.
(2) The order of immediate closure under Section 20-499d)(1) is effective
immediately on providing written notice of the order to the owner or operator by
facsimile, email or hand-delivery.
(3) The order of closure of all or part of a boarding home facility is valid for 10 days
after its effective date.
(4) If the permit holder does not promptly relocate the residents of the boarding home
facility upon receiving the order of closure for that facility, the city shall provide
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for the relocation of those residents. If possible, the city will relocate those
residents to a boarding home facility in the city for which there is a current valid
permit. The relocation may not be to a facility with a more restrictive environment
unless all other reasonable alternatives are exhausted. The director is authorized
to seek to recover the cost of relocating the residents from the owner and operator
of the closed facility.
(5) The director and the Office of the City Manager, or other appropriate technical
board or committee, shall expedite any hearing or decision involving an
emergency closing order issued under this section.
(g)The city attorney may petition a district court or a county court at law for civil penalties and for
injunctive relief to restrain a continuing violation of the standards or permit requirements for a
boarding home facility under this article if the violations create an immediate threat to the health
or safety of the facility residents.
(h)The city attorney may petition a district court or a county court at law for civil penalties and for
injunctive relief to restrain the continuing operation of a facility that is providing services
inconsistent with those prescribed by this article and state law until such time as said facility
becomes appropriately licensed by the State of Texas or meets the requirements to obtain a
permit under this article.
(i) The remedies and procedures in this section and in other laws are cumulative law, and the use
of any particular remedy or procedure does not prevent the enforcement of any other law.
SECTION 2.
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 3.
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.
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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 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 5.
That 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 ordinance shall be
fined not more than Two Thousand Dollars($2,0000.00)for each offense.Each day that a violation
exists shall constitute a separate offense.
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 on
April 15, 2023.
APPROVED AS TO FORM AND LEGALITY:
1�1Py 9avu�ft2-S. ��rniaiG
By: Jannette S.Goodall(Jan 13,202315:34 CST)
Melinda Ramos, Deputy City Attorney Jannette S. Goodall, City Secretary
Adopted: January 10, 2023
Effective: April 15, 2023 OF F OR,,► t
Al
�XAS
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