HomeMy WebLinkAboutOrdinance 14401ORDINANCE NO. ~ ~ ~d®
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH (1986), AS AMENDED, BY THE AMENDMENT OF PART II
"CODE", CHAPTER 12.5 "ENVIRONMENTAL PROTECTION AND
COMPLIANCE", ARTICLE I, "ADMINISTRATION AND
ENFORCEMENT", DIVISION 3, "ENFORCEMENT", SEC. 12.5-123,
"JUDICIAL REMEDIES AND PENALTIES", SUBSECTION (a)
"CRIMINAL REMEDIES", TO PROVIDE THAT AN OFFENSE UNDER
THIS CHAPTER IS PUNISHABLE BY A FINE NOT TO EXCEED $2,000.00,
PROVIDING THAT EACH SEPARATE OCCURRENCE OR EACH DAY
THAT A VIOLATION CONTINUES SHALL CONSTITUE A SEPARATE
OFFENSE; AND UPON SHOWING AT TRIAL THE DEFENDANT WAS
ONCE PREVIOUSLY CONVICTED WITHIN A THREE YEAR PERIOD
THE FINE SHALL BE NOT LESS THAN $250.00 AND UPON ALSO
SHOWING THE DEFENDANT WAS NOT A RESIDENTIAL OCCUPANT
THE FINE SHALL BE NOT LESS THAN $1,000.00; UPON SHOWING AT
TRIAL THE DEFENDANT WAS PREVIOUSLY CONVICTED TWO OR
MORE TIMES WITHIN A THREE YEAR PERIOD THE FINE SHALL BE
NOT LESS THAN $500.00 AND UPON ALSO SHOWING THE
DEFENDANT WAS NOT A RESIDENTIAL OCCUPANT THE FINE
SHALL BE NOT LESS THAN $2,000.00; PROVIDING FOR STRICT
LIABILITY, AND DEFINING AN OFFENSE; PROVIDING THAT THIS
ORDINANCE IS CUMULATIVE, PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS
SECTION 1.
That Part II "Code", Chapter 12.5 "Environmental Protection and Compliance", Article I,
"Administration and Enforcement", Division 3, "Enforcement", Sec 12.5-123, "Judicial
Remedies and Penalties", Subsection (a) "Cnmmal remedies" of the Code of the City of Fort
Worth (1986), as amended, is hereby further amended and shall read as follows
(a) Cnmmal remedies.
(1) An offense as defined under this chapter is a misdemeanor punishable by a fine not to
exceed $2;000 00 Each separate occurrence of a violation or each day that a violation
continues shall constitute a separate offense.
a. If it is shown on teal of an alleged offense under this chapter that within three years
pnor to the alleged offense date the defendant has been once previously convicted of
an offense under this chapter,
(1) except as provided by subsection (2) below, upon conviction the defendant shall
be fined not less than $250 00,
(2) and 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
b If rt is shown on tnal of an alleged offense under this chapter that within three years
pnor to the alleged offense date the defendant has been previously convicted of two
or more offenses under this chapter,
(1) except as provided by subsection (2) below, upon conviction the defendant shall
be fined not less than $500 00,
(2) and if 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
(2) If an offense defined under this chapter does not include a culpable mental state, then
one is not needed and the offense shall be one of stnct liability
(3) An offense is so defined m this code by the phrase "A person commits an offense. "
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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, in 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
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 4
Section 1 above contains the penalty provisions for this ordinance. Therefore, a separate
penalty clause does not appear in this section.
SECTION 5.
All nghts and remedies of the City of Fort Worth, Texas, are expressly saved as to any and
all violations of the provisions of the ordinances amended m Section 1, 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 crinunal, 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.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the
caption and Section 1 of this ordinance for two (2) days in the official newspaper of the City of Fort
Worth, Texas, as authorized by Section 2, Chapter XXV of the Charter of the City of Fort Worth,
Texas and by Section 52 013, Texas Local Government Code.
SECTION 7.
This ordinance shall be m full force and effect after rts passage and publication as required
by law, and rt is so ordained.
APPROVED AST FORM AND LEGALITY
ASSISTANT CITY ATTORNEY
DATE
ADOPTED• ~~ _ T O d
EFFECTIVE.
~:;~.
City of Fort Worth, Texas
~-~Aya~ And eaunc~il Car»mun~cAt~an
DATE REFERENCE NUMBER LOG NAME PAGE
11/7/00 G-13062 21 FINES1 1 of 1
SUBJECT ADOPTION OF ORDINANCE AMENDING PART II, CHAPTER 12.5,
"ENVIRONMENTAL PROTECTION AND COMPLIANCE", ARTICLE I, AND DIVISION 3,
SECTION 12 5-123, SUBSECTION (A) OF THE CODE OF THE CITY OF FORT
WORTH
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance amending Part II, Chapter 12.5,
Article I, and Division 3, Section 12.5-123, Subsection (a) of the Code of the City of Fort Worth,
providing for minimum fines for different classes of environmental violations. This is one of four
proposed ordinance changes that would affect fines, the others pertain to zoning, code compliance, and
minimum building standards code violations.
DISCUSSION
The proposed changes will provide for minimum fines for subsequent violations in a three-year period
The minimum fine for a particular offense will depend upon whether the defendant had one prior
conviction, or more than one prior conviction within the past three years, and whether the defendant
was a residential occupant of the property involved in the offense
The changes are meant to deter violators and provide a more effective tool for dealing with chronic
violations. This concept has previously been presented to the full City Council The proposed changes
were presented to the Municipal Court Advisory Committee during its September 26, 2000 meeting
The committee recommended that the changes be presented to the City Council for consideration
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds.
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Charles Boswell as 11 APPROVED
Originating Department Head: C~T I C~UNClL
Tom Davis 6300 (from) N ~ ~ 7 pap
Additional Information Contact: ~ ~ )
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Tom Davis 6300 ecretary o
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