HomeMy WebLinkAboutOrdinance 18359-11-2008ORDINANCE NO 18359-11 2008
AN ORDINANCE AMENDING CHAPTER 23, `OFFENSES AND
MISCELLANEOUS PROVISIONS" OF THE CODE OF THE CITY OF
FORT WORTH (1986), AS AMENDED BY AMENDING SECTION 23-
15 TO ADD LANGUAGE MAKING THE POSTING OF HANDBILLS,
SIGNS, POSTERS, OR ADVERTISEMENTS ON CITY PROPERTY
OR RIGHT-OF WAY PRIMA FACIE EVIDENCE OF A VIOLATION
AND PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE,
PROVIDING A SAVINGS CLAUSE, PROVIDING A PENALTY
CLAUSE, PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Fort Worth finds that the unregulated
distriburion of handbills can disturb the quiet enjoyment of the City s residential neighborhoods
and generate unwanted htter• and
WHEREAS, the Crty Council further finds that the unregulated distribution and
accumulation of handbills can affect the aesthetic value of a neighborhood and city through the
accumulation of visual clutter and
WHEREAS, while the U S Constitution guarantees the nght to distribute handbills, the
City has the nght to reasonably regulate the time, place and manner of these activities, and
WHEREAS, rt is advisable to amend Section 23 15 `Posting of handbills, signs, posters,
or advertisements m certain places -Prima Facie Evidence of Violation to add language that the
placement of handbills, signs, posters, or advertisements for sohcrtation on or upon any structure,
tree, pole, curb or elsewhere within the right-of way of any public street or upon any public
property within the City of Fort Worth without the express permission of the City Council of the
City of Fort Worth is a violation of the Crty Code and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, AS FOLLOWS
SECTION 1.
Chapter 23 of the City Code of the City of Fort Worth, `Offenses and Miscellaneous
Provisions" Section 23 15 `Posting of handbills, signs, posters, or advertisements in certain
places--Prima facie evidence of violation shall be amended to read as follows
(1) When any handbill, sign, poster or advertisement for solicitation shall be
found posted, fastened, erected or displayed in violation of section 23 14 of
this Code, the handbill, sign, poster or advertisement for solicitation shall
be prima facie evidence that such unlawful posting, fastening, erecting or
displaying was caused by the person, firm, or corporation advertised
thereby if,
(a) a `No Sohcrtmg" `No Handbills" or `No Trespassing" sign was
posted on the property or
(b) the property owner during the time of placement, orally instructed
that no such material be placed on the property or
(c) posted, fastened, erected or displayed on or upon any structure,
tree, pole, curb or elsewhere within the right-of way of any public
street or upon any public property wrtlun the City of Fort Worth
without the express permission of the City Council of the City of
Fort Worth.
(2) Each day that such handbill, sign, poster or advertisement shall
remain so posted, fastened, erected, or displayed shall constitute a separate
violation of this code.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are
m direct conflict with the provisions of such ordinances and such Code, m which event
conflicting provisions of such, ordinances and such Code are hereby repealed.
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SECTION 3
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 unconstitutional 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 Crty Council without the
incorporation m this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 4.
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 Five Hundred Dollars ($500 00) for each offense. Each day that a violation
exists shall constitute a separate offense.
SECTION 5.
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 which 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, whether pending m 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 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 V T C.A. Local Government Code Subsection 52 013
SECTION 7
This ordinance shall take effect upon adoption and publication as required by law
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APPROVED AS TO FORM AND LEGALITY
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ADOPTED November 11, 2008
EFFECTIVE