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HomeMy WebLinkAboutIR 7177 7 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7177 To the Mayor and Members of the City Council March 4, 1987 Subject: PROPOSED PUSHCART ORDINANCE BACKGROUND: In the past, sale of food products from vendors operating from wagons or carts has been prohibited because of the inadequacy of safeguards to prevent spoilage and contamination of food. Advances in modern technology have made it possible to preserve and maintain foods with little or no risk of spoilage or contamination. Because of the revitalization in the downtown and northside areas an interest in the utilization of street vending has emerged. This proposed ordinance is a result of that interest. This proposal outlines specific areas where street vending would be permissible, health standards and requirements for sale of foods and specifications for the types of facilities to be used. Implementation of this proposed ordinance would allow alternative food choices and encourage pedestrian traffic in the downtown and northside area. DISCUSSION: This proposal has been drafted with consideration given to a number of important issues. These issues include: Dermits: All vending permits will be issued to a specific location. This allows the regulatory agency to conduct inspections and allows the regulatory agency to investigate reports of unsanitary conditions or food borne illnesses, in an effective/efficient manner. A permit to operate within the City of Fort Worth will not be issued until an inspection of the cart is performed and verification of insurance is confirmed providing for bodily injury and property damage in the following amounts: Property Damage, Per Accident $100,000 Personal Injury or Death, Per Person $100,000 Personal Injury or Death, Per Accident $300,000 No pushcart will be permitted if it exceeds four (4) feet in height, three (3) feet in width or six (6) feet in length. This requirement excludes wheels and canopy. op" ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7177 pci.2 oi a I OR; To the Mayor and Members of the City Council March 4, 1987 '#73 PROPOSED PUSHCART ORDINANCE Permit Fees: Each cart will be assessed an annual fee as follows: Annual Permit Fee $150.00 Additional Carts $ 50.00 Locations: A designated slot for which a pushcart has been permitted will not be transferable nor available for any other individual other than the person Pushcarts cannot be located on any property zoned or used for residential purposes, in apartment, townhouse, or condominium areas; within 500 feet of any public or private school property; nor on any municipal recreation facility unless approved by the Director of Parks and Recreation. Pushcarts may be located in front of commercially or industrially zoned property with approval of the owners or authorized representatives of the property. Pushcarts using liquefied petroleum gas shall not be permitted inside of buildings. Pushcarts can operate in the following areas without Council approval : - Within the boundaries of the Downtown Special Improvement - In the Northside area between 23rd Street on the south, Houston Street on the west, NE 28th Street on the north and Packers Avenue on the east. - In Mall Shopping Centers with prior approval of the owner or his duly authorized representative. - Downtown area parks with advanced written approval of the Director of Parks and Recreation. - At temporary special events with prior approval of the Director of Public Health. Public Safety: Pushcart shall not be located in a manner that would endanger the general populace. Pushcarts will not be allowed to block any sidewalk, roadway or other streets which are used for transportations. Carts shall not be permanently affixed to or upon any public property. Hours of Operation: Pushcart shall not operate between 9:00 p.m. and 7:00 a.m. , except during special events they may operate during the prescribed hours of the event. ISSUED BY TH-E-dif Y- -M- AN- A'G -0 FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7177- pg-3 PT I sk,o E Fox, To the Mayor and Members of the City Council March 4, 1987 Subject: PROPOSED PUSHCART ORDINANCE ety Attention-Getting Devices: No mechanical or electronic sound producing device shall be used by any cart. Hawking and solicitation will not be allowed. Lights and other safety reflectors required by traffic ordinances will be allowed. Single Service Articles: Only single service or throw away type articles will be used by consumer. Trash containers shall be provided by the operator of the cart and available to the public. Food Products: Examples of food items are: popcorn, peanuts, pretzels, prepackaged sandwiches, hot dogs, tamales, nachos, ice cream; this list is exemplary and shall not be construed to be exclusive. The only other item which will be allowed is flowers. However, food items and flowers cannot be sold from the same cart. Commissary: All pushcarts must have an approved storage facility, commissary or other fixed food service in which they operate out of. Waste Retention: A minimum 7.5 gal . holding tank will be available for waste retention on the cart. Water Supply: All pushcarts shall provide a minimum of 5 gals. of water under pressure at all times during operation. Both hot and cold water will be required during operation. Enforcement: The City's Public Health Department, Environmental Health Division shall have authority to enforce these provisions. Appeal : Any person or entity aggrieved by a finding, determination, notice or action taken under the provisions of the ordinance may appeal to the City Manager or his duty authorized representative. ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No.— 7177 4 "9 TI lq,,o To the Mayor and Members of the City Council March 4, 1987 0 Subject: PROPOSED PUSHCART ORDINANCE Council review of the provisions of the attached ordinance is requested. It will be presented on the agenda for action at a later date. Douglas Harman City Manager -ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS ORDINANCE NO. AN ORDINANCE ESTABLISHING DIVISION 2 OF ARTICLE IV OF CHAPTER 20 OF THE CODE OF THE CITY OF FORT WORTH , TEXAS ( 1986) , AS AMENDED, TO PROVIDE FOR THE REGULATION AND CONTROL OF THE SALE OF CERTAIN FOODS AND FLOWERS FROM PUSHCARTS WITHIN THE CITY OF FORT WORTH; DEFINING TERMS ; PROVIDING REGULATIONS FOR TYPES OF FOOD AND FLOWERS SOLD AND FOR PLACES WHERE SUCH SALES ARE PROHIBITED; PROVIDING REQUIREMENTS FOR SOUND DEVICES; PROVIDING PENALTIES FOR VIOLATION HEREOF; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVID- ING A SAVINGS CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING FN EFFECTIVE DATE . WHEREAS, it has become known to the City of Fort Worth that the public is interested in having available for purchase certain foods from street vendors ; and WHEREAS, modern technology and equipment can be outfitted to prevent the onset of spoilage and contamination in food ; and WHEREAS, the City of Fort Worth and its citizens have been engaged in efforts to revitalize the downtown area and to promote tourism in Fort Worth; and WHEREAS, pushcarts would contribute to the economy by promoting the sale of certain foods and flowers in the downtown and tourist areas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1 . The title of Article IV of Chapter 20 of the Code of the City 00. of Fort Worth ( 1986) , as amended, shall be Vendors. SECTION 2. That a new Division 2 of said Article be established, which new Division 2 shall read and be as follows: DIVISION 2 PUSHCARTS SEC. 20-161 . Definitions For the purposes of this Division, the following words and phrases shall have the meanings respectively assigned to them by this section unless their use in this text clearly demonstrates a different meaning. a) "ABANDONED SLOT" shall mean a slot which has a desig- nated user who has failed to make use of his slot for a period of two months without having first informed the director of environmental health in writing of the reason for nonuse. b) "ATTENTION-GETTING DEVICES" shall mean any mechanical or electronic sound producing device or lighting device employed to attract patrons to any pushcart. c) "AVAILABLE SLOT" shall mean one of the number of permissible locations available for use. d ) "BEVERAGE" means soft drinks, water , citric acid beverages , or other acceptable beverages from pres- surized containers. e) "COMMISSARY" shall mean a fixed food service estab- lishment permitted and regularly inspected by a regulatory health agency. f) "DIRECTOR" shall mean director of the Fort Worth Public Health Department or his designee. g) "EMPLOYEE" means any person selling, offering for sale, vending or serving any edible or potable sub- stance from a pushcart. h) "FOOD" shall mean any edible or potable substance prepared in accordance with the requirements of this division and the regulatory authority. -2- "NONPOTENTIALLY HAZARDOUS FOOD" shall mean food that has little or no potential for spoilage or contamina- tion . The following list is exemplary of such food and shall not be construed to be exclusive of any other nonpotentially hazardous food : popcorn peanuts pretzels j ) "PERSON" shall mean any individual , group of individuals, firm or corporation. k) "POTENTIALLY HAZARDOUS FOOD" shall mean such food items which have the potential to spoil or become contaminated either through preparation or improper handling and storage. Potentially hazardous foods shall include the following : prepackaged sandwiches hot dogs tamales nachos op" ice cream This list is exemplary and shall not be construed to be exclusive of any other potentially :iazardous food items. 1) "PUSHCART" shall mean a nonself propelled vehicle from which food and beverages or fresh cut flowers may be sold. M) "REGULATORY AUTHORITY" means the Department of Public Health of the City of Fort Worth. n) "SANITIZER" shall mean any approved chlorine or ammonia compound or disinfectant used for the steril- ization of utensils . 0) "SERVICING AREA" shall mean a designated area pro- vided for the supplying, cleaning or servicing of pushcarts. P) "SLOT"" shall mean a designated location for the placement of a pushcart. q) "SINGLE SERVICE ARTICLES" shall mean those articles OOW which may not be reused for the purpose of serving or eating food or beverages. Examples of single service articles include paper plates, paper cups, plastic forks, etc. SEC. 20- 162. Requirements All pushcarts operating within the corporate city limits of the City of Fort Worth shall comply with the require- ments of this ordinance except as otherwise provided in this Division and in Division I of Article IV of Chapter 16 of the Code of the City of Fort Worth . The regulatory authority may impose additional requirements to protect against health hazards related to the pushcart operation, may prohibit the sale of some or all potenti- ally hazardous food, and when no health hazard will result, may waive or modify requirements of this division relating to physical facilities. SEC. 20-163. Permits a) It shall be unlawful to sell, offer for sale, vend operate, maintain or serve any item from a pushcart without a valid permit . 1 ) Application for a vending permit shall be made in written form to the Director. 2) All pushcarts and required attendant facilities shall be inspected by the regulatory authority prior to the issuance of a vending permit. 3) In the interest of public health and safety, all vending permits shall be issued to a specific location . Vendors shall locate in compliance with the noted location so that the regulatory authority may conduct inspections in compliance with city ordinances and investigate reports of unsanitary conditions or food borne illnesses . 4) Acceptance of a vending permit is an express acknowledgment and consent to the terms and restrictions set by the regulatory authority. The use of a permit is a privilege , not a right, subject to reasonable restrictions as set out herein or as may be promulgated by the regula- tory authority. 0011 5) As an express condition of the acceptance of a permit hereunder , recipient agrees to police for -4- trash and debris, an area within a twenty-five foot radius ( 25) of the pushcart location . b) Insurance and indemnification 1 ) No permit shall be issued to an applicant unless verification of insurance may be confirmed by the Office of the City Secretary. The applicant shall have filed in the City Secretary's office a certificate showing that the applicant has secured and agrees to keep in force during the term of the permit a policy providing for bodily injury and property damage insurance in the amounts as follow: Property Damage, per accident $ 100 , 000 Personal injury or death, per person $ 100, 000 Personal injury or death, per accident $300 , 000 Such insurance policy shall provide that it cannot be cancelled or amended without at least thirty ( 30) days ' notice in writing to the Director of the Health Department. 2) As an express condition of the acceptance of such permit, the permit holder thereby agrees to indemnify and save harmless the City, its officers, agents, servants and employees against any loss or liability or damage, including ex- penses and costs for bodily or personal injury, and for property damage sustained by any person as a result of the operation, use or maintenance of a pushcart, within the City of Fort Worth. 3) As a further condition, permit holder by accep- tance of the permit expressly agrees to indem- nify and hold harmless and defend the City, its officers, agents , servants and employees from and against any and all claims or suits for personal injury, including death, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the con- sumption of food products sold on any public property herein described. c) Any pushcart which rests in whole or in part upon any 0011, public sidewalk, public park, or public property shall comply with the following standards : -5- no pushcart body shall exceed four (4 ) feet in height, three ( 3) feet in width, or six (6) feet in length ; 2) no pushcart shall display advertising or be used to display information other than a valid permit, list of items served, the prices thereof and the name of the vendor . Nor shall any canopy be used to display any kind of advertising nor writing nor artwork nor display of anything other than the canopy in its natural state. d) The number of permits available for vending in the "public right-of-way" , shall be determined by the Director of Public Health or his designee upon advice and approval by the City Managers office and shall be determined prior to the announcements of the site selection process. SEC. 20-164 . Permit Fees a) After inspection and approval by the Public Health Department of each pushcart, each pushcart shall be OPI. assessed a permit fee. Permits shall be valid for one year from the date of issuance and may be renewed upon reinspection and payment of the permit fee . b) Permits shall be issued in accordance with the application procedures and as follows: 1 ) Annual permits shall be $ 150 per pushcart; except; 2) Any person operating more than one pushcart shall pay $ 150 for the first pushcart and $50 for each additional permitted pushcart SEC . 20-165 . Locations a) Slots Non-Transferable Use of a designated slot is a privilege not a prop- erty right. A designated slot shall not be transfer- able; it shall be available only to the person designated by permit. 1 ) It shall be unlawful to attempt to sell , lease, or otherwise transfer the use of a designated 0011 slot from the original designee to any person natural or unnatural . Such action shall result -6- in automatic revocation of the permits of the parties involved and those parties shall be banned from operating on City property for one year from the date of revocation . Such revoca- tion shall not preclude any other legal action. 2 ) It is expressly understood that from time to time, the City of Fort Worth through the regula- tory authority, may designate certain dates , times and locations from which vending shall be restricted due to potential conflict with public events, street repair or some governmental pur- pose or function and that the city shall not be liable for any loss of profit or other loss resultant therefrom. b) No sale or offering to sell shall be made from any pushcart of any edible or potable substance on any property which is used or zoned for residential purposes, in apartment, townhouse, or condominium areas ; within 500 feet of any public or private school property; nor on any municipal recreation Po, facility, except as specifically provided herein . 1 ) Pushcarts may be located in front of commer- cially or industrially zoned property with the advance approval of the owners or duly autho- rized representatives of said property. 2) Pushcarts using Liquefied Petroleum gas shall not be permitted inside of buildings . c) It shall be permissable for pushcarts to operate within the following designated areas: 1 ) Within the boundaries of the Downtown Special Improvement District delineated as follows: Jones Street on the East ; Lancaster Avenue on the South ; Texas Street , Macon, Fourth Street , Burnett Street , Belknap Street and Taylor Street on the West ; and the East 100 and East 200 blocks of Bluff Street on the North. 2) In the Northside area between the boundaries of 23rd Street on the South, Houston Street on the West , N.E. 28th Street on the North, and Packers Avenue on the East. OPOI 3 ) In mall shopping centers amid retail stores where foot traffic occurs with the permission of -7- the owner or his duly authorized representa- tives. 4) In downtown area parks with the advance written approval of the City Manager or his duly autho- rized representative and Director of Park and Recreation . 5) At temporary special events with a special event permit. d) Any pushcart which rests in whole or in part upon any of the aforementioned permissible locations shall be situated in accordance with these provisions; 1 ) No pushcart shall be used or maintained which projects onto, into, or over any Bart of the roadway of any public street , or which rests , wholly or in part upon , along , or over any portion of the roadway of any public street . 2) No pushcart shall be permitted to rest upon , in 0011 or over any public sidewalk or parkway, when such location endangers the safety of persons or property, or when such site or location is used for utility purposes, public transportation purposes or other governmental use, or when such pushcart unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle , the ingress into or egress from any residence or place of business or the use of poles, posts , traffic signs or signals, hydrants , mail boxes, or other objects permitted at or near said location. 3) No pushcart shall be permanently affixed to or upon any public property. 4) No pushcart shall be located or situated : a) within three (3) feet of any marked crosswalk; b) within twelve ( 12) feet of the curb return of any unmarked crosswalk; c) within five ( 5) feet of any fire hydrant , fire call box, police call box or other emergency facility; 0010- d ) within five (5) feet of any driveway; -8- ell e) within three (3) feet ahead or fifteen ( 15) feet to the rear of any sign marking a designated bus stop; f) within three ( 3) feet of the outer end of any bus stop bench; g) at any location whereby the clear space for the passageway of pedestrians is reduced to less than eight (8) feet; h) in a manner which restricts sight easements of vehicular traffic. SEC. 20-166 . Hours of Operation a) No sale or offering to sell shall be made from any pushcart at any time between 9 : 00 p.m. and 7 :00 a.m. b) During special events, pushcarts with special event permits may operate during the prescribed hours of the special event. SEC. 20-167 . Attention-getting devices • a) No mechanical or electronic sound producing device shall be employed by a pushcart. b) Hawking and solicitation are strictly forbidden . c) Lights of sufficient illumination for vendors to operate during night time or darkness shall be permissible in addition to safety reflectors and lights required by traffic ordinances. Lights shall not be used as attention getting devices . SEC . 20-168. Employees No person shall sell or offer to sell, any edible or potable substance from a pushcart unless such person be in compliance with the applicable portions of Sections 16-111 , 16-112, 16-113, and 16-114 of the City Code. SEC. 20-169 . Single service articles Pushcarts shall provide only single service articles for use to the consumers. SEC . 20-170. Pushcart specifications All pushcarts shall meet minimum health and safety stan- dards as prescribed by the regulatory authority. In -9- particular pushcarts shall comply with the following requirements: a) Each pushcart shall have a supply of paper towels , soap and detergent which shall be conveniently acces- sible. b) Separate space shall be set aside from areas where food is served or prepared for nonfood related items which are displayed on pushcarts. c) Each pushcart shall have a stainless steel hand sink with a minimum of two compartments with adequate amounts of hot and cold water under pressure. Each pushcart shall also have adequate drainboard space . d ) All pushcarts shall provide and have available for the public, a fly proof, lidded trash container for the disposal of refuse. Such trash container may be either on the pushcart or located conveniently near by. e) Pushcarts employing butane or propane tanks shall comply with any and all applicable Fire Department regulations. Ground fault interrupters may be re- quired by the Fire Department as a safety feature to prevent electrical shock. Each pushcart shall be equipped with an approved fire extinguisher with a 2A 10BC rating . SEC. 20-171 . Nonpotentially hazardous foods Pushcarts which stock and sell only nonpotentially hazard- ous food shall be governed by the following requirements: a) A cleanable canopy shall extend over the pushcart and cover the top surface of said pushcart. b) Food shall be stored , displayed and serviced in a fly and rodent-proof manner . Foods shall be protected by a properly installed sneeze guard shield . c) All food and condiments shall be dispensed in a sani- tary manner. d) Bulk food items shall be properly labeled and dis- pensed through sanitary devices or utensils . 000, Canned or bottled beverages where no ice is consumed by the purchaser , commercially packaged nonpotentially haz- _10_ ardous single portion snack items and commercially wrapped candy shall be excluded from the above requirements. SEC. 20-172. Potentially hazardous foods Pushcarts which stock and sell potentially hazardous foods shall be governed by the following requirements: a) A cleanable canopy shall extend over the pushcart and cover the top surface of said pushcart. b) Potentially hazardous foods must be stored , displayed and served in a fly and rodent-proof manner . Properly installed sneeze guard shields shall be used during food preparation. Scooped ice cream sellers shall have a running water dipper well. C) All food and condiments shall be dispensed in a sanitary manner . d ) Pushcart operators and their staff shall not cook on or adjacent to a pushcart unless such activity is in conjunction with another facility permitted and inspected by the regulatory authority. e) Each compartment or area used for storage, display or service of potentially hazardous food shall be main- tained at proper temperatures for the food item stored therein. Hot foods shall be kept at 140°F or above; cold foods shall be kept at 45°F or below and frozen foods shall be kept at 0°F or lower. Unbreak- able thermometers shall be located conspicously in each of the above applicable areas . f) Bulk food items shall be properly labeled and dis- pensed through sanitary devices or utensils . SEC. 20-173. Flowers Pushcarts which stock and sell flowers shall be governed by the following requirements : a) A cleanable canopy shall extend over the cart and cover the top surface of the cart. b) Food and/or beverages shall not be sold from carts selling flowers nor shall flowers be sold from carts selling food and/or beverages. -11- c Flower carts shall have a holding facility to retain water or fluids used to keep flowers fresh. d) Flower carts shall be subject to the same operation , permitting , spacing and location requirements as other pushcarts , except that flower carts shall be exempt from those provisions with reference to equipment and facilities which by their very nature have no application . SEC. 20-174. Commissary a) All pushcarts shall operate from an authorized stor- age facility, commissary, or other fixed food service establishment permitted and regularly inspected by a regulatory health agency. b) The commissary or base of operations shall be con- structed and operated in compliance with the require- ments of this ordinance and regulations of pertinent regulatory departments . SEC. 20-175. Servicing area a) All pushcarts shall have a servicing area which shall have overhead protection, location(s ) for draining and flushing liquid wastes and location (s) for load- ing and unloading of food and related supplies . b) The surface of the service area shall be constructed of a smooth nonabsorbent material graded to drain, and shall be kept in good repair . SEC . 20-176. Servicing operation a) Potable water servicing equipment shall be installed and maintained in a manner that protects the water and equipment from contamination. b) Pushcart liquid waste containers shall be thoroughly flushed and drained during servicing operations. SEC. 20-177 . Waste retention a) All liquid waste shall be stored in a retention tank that shall have a minimum capacity of 7 . 5 gallons or that is at least 15 percent larger in capacity than OOW the fresh water supply tank whichever is greater . Liquid waste shall only be discharged into a sanitary sewer disposal system. Waste connections shall be -12- ell located lower than the water inlet connection in a manner to preclude contamination of the potable water system. b) Solid waste shall be contained in an easily clean- able, self-closing , lidded trash receptacle which shall be kept on the pushcart at all times. SEC. 20-178. Water system All pushcarts shall provide not less than 5 gallons of water under pressure at all times for use in utensil cleaning , sterilization and handwashing . One water inlet shall be located so as not to be contaminated by waste discharge. Such inlet shall be capped at all times except when being filled, and shall contain only potable water . Connection or direct hookup to water sources other than those on the pushcart shall be approved by the regulatory authority. SEC. 20-179 . Enforcement a) The City 's Health Department shall have the authority to enforce any and all provisions of this ordinance. b) It shall be within the power and discretion of the Health Department to suspend or revoke any vendor permit issued hereunder for continued or repeated violation or infraction of any provision of this Ordinance or any rule, direction or regulation of the Health Department . SEC. 20-180. Appeal Any person or entity aggrieved by a finding ,, determina- tion, notice or action taken under the provisions of the Ordinance may appeal and shall be apprised of his right to appeal to the City Manager or his duly authorized repre- sentative. An appeal must be perfected within five (5) days after receipt of notice of any protested decision or action by filing with the office of the City Manager a letter of appeal briefly stating therein the basis for such appeal . A hearing shall be held on a date no more than fifteen ( 15) days after receipt of the letter of appeal . Appellant shall be given at least five ( 5) days notice of the time and place of the hearing . The City Manager shall give the appellant, and any other interested party, a reasonable opportunity to be heard, in order to show cause why the determination of the regulatory author- ity should not be upheld . In all such cases the burden of -13- proof shall be upon the appellant to show that there was no substantial evidence to support the action taken by the regulatory athority. At the conclusion of the hearing , the City Manager shall make a final and conclusive determina- tion. SECTION 3. This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas ( 1986) , as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed . In no event shall this ordinance be construed to repeal or alter Sec. 24-6, as it appears in the Code of the City of Fort Worth. SECTION 4. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitu- tional by the valid judgment or decree of any court of competent jurisdiction , such unconstitutionality shall not affect any of the remaining phrases , clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause , sentence, paragraph or section. SECTION 5. Any person , firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of -14- any of the provisions of this ordinance pertaining to fire safety, zoning , or public health and sanitation, including dumping of refuse, shall be fined not more than One Thousand Dollars ( $1 ,000) for each offense and shall be fined not more than Two Hundred Dollars ( $200) for all other violations. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6. All rights and remedies of the City of Fort Worth , Texas, are expressly saved as to any and all violations of the provisions of the Code of the City of Fort Worth , Texas, and of any other ordi- nances , which have accrued at the time of the effective date of this ordinance ; and, as to such accrued violations and all pending liti- gation , both civil and criminal , whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts . SECTION 7. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the Caption and Sections 5, 8 and 9 in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 8. The City Secretary of the City of Fort Worth , Texas, is hereby directed to publish the Caption and Sections 5, 8 and 9 of this ordinance for two ( 2) days in the official newspaper of the City of 00 Fort Worth, Texas, as authorized by Art. 1176b-1 , Revised Civil Statutes of Texas. SECTION 9. This ordinance shall take effect and be in full force and effect from and after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED:— EFFECTIVE: Ord3 #01k -16-