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HomeMy WebLinkAboutOrdinance 14663~~-14-C1n1.~ ~7 ,~;,V[3 ORDINANCE NO. I'4~10l~3 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, SECTION 8.101, "VIOLATIONS AND PENALTIES", TO PROVIDE MINIMUM FINES FOR PERSONS WITH MULTIPLE CONVICTIONS FOR VIOLATION OF THE ZONING ORDINANCE WITHIN A THREE-YEAR PERIOD; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1 That Section 8 101, "Violations and Penalties" of Ordinance No 13896, the zoning ordinance of the City of Fort Worth, is hereby amended to read as follows 8.101 Violations and Penalties A. Maximum Fine 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 $2,000 00 for each offense. Each day that a violation exists shall constitute a separate offense. B. Minimum Fine One Previous Conviction within Three Years If rt is shown on teal of an alleged offense under this ordinance that within three years pnor to the alleged offense date the defendant has been once previously convicted of an offense under this ordinance, 1 Except as provided by subsection 2 below, upon conviction the defendant shall be fined not less than $250 00 2. If it is also shown on teal of the alleged offense that the defendant was not a residential occupant of the property involved at the time of the alleged offense, upon conviction the defendant shall be fined not less than $1,000 00 C. Minimum Fine: Two or More Previous Convictions within Three Years If rt is shown on trial of an alleged offense under this ordinance that within three years pnor to the alleged offense date the defendant has been previously convicted of two or more offenses under this ordinance, Except as provided by subsection 2 below, upon conviction the defendant shall be fined not less than $500 00 2 If it is also shown on teal of the alleged offense that the defendant was not a residential occupant of the property involved at the time of the alleged offense, upon conviction the defendant shall be fined not less than $2,000 00 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. 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 ~unsdiction, such unconstitutionality shall not affect any of the remaimng phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation m this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4 All nghts and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance Nos. 3011 and 13896 which have accrued at the time of the effective date of this ordinance and, as to such accrued violations and all pending htigahon, both civil and cnmmal, 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. In order to be counted as a previous conviction for the purpose of unposmg a minimum fine under section 1, a conviction for violation of the zoning ordinance must become final after the effective date of this ordinance. SECTION 5. This ordinance shall take effect upon passage and pubhcahon as required by law This ordinance supersedes Ordinance No 14403, which is hereby repealed as of the effective date of this ordinance. APPROVED AS TO FORM AND LEGALITY ~~~ s istant City Attorney ADOPTED ~--~ ~- ~ 2 , ~- c~ © 1 EFFECTIVE ~--~- ~`a, 2~ ~ 3