HomeMy WebLinkAboutOrdinance 14402ORDINANCE NO. ~ L~ y~~
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH (1986), AS AMENDED, BY THE AMENDMENT OF APPENDIX B,
"DEPARTMENT OF CITY SERVICES", ARTICLE II, "CODE
COMPLIANCE", DIVISION 5, "ENFORCEMENT", SEC. 11A-100,
"CRIMINAL REMEDIES", TO PROVIDE THAT AN OFFENSE UNDER
THIS CHAPTER IS PUNISHABLE BY A FINE NOT TO EXCEED $2,000.00,
THAT EACH SEPARATE OCCURRENCE OR EACH DAY THAT A
VIOLTION CONTINUES SHALL CONSTITUTE A SEPARATE OFFENSE,
AND PROVIDING FOR STRICT LIABILITY; 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
r 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 THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING
A 5EVERABILITY 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 Appendix B, "Department of City Services", Article II, "Code Compliance",
Division 5, "Enforcement", Section 11A-100, "Cnmmal remedies" of the Code of the City of
Fort Worth (1986), as amended, is hereby further amended and shall read as follows
Sec 11A-100 Cnrninal remedies.
Unless otherwise provided, an offense 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. 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 habihty
a. If rt is shown on tnal of an alleged offense under this chapter that wrthm three years
prior 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 rt 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 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 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 tnal 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, 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 rights 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 crirmnal, 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 m 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 regmred
by law, and rt is so ordained.
APPROVED S TO O AND LEGALITY
e
ASSISTANT CITY ATTORNEY
DATE
ADOPTED ~O'7'OD
EFFECTIVE..
City of Fort Worth, Texas
a a~ and Counc~( Com~rtun~cAt~an
~~ ~
DATE REFERENCE NUMBER LOG NAME PAGE
11/7/00 G-13063 21FINES2 1 of 1
SUBJECT ADOPTION OF ORDINANCE AMENDING APPENDIX B, "DEPARTMENT OF CITY
SERVICES", ARTICLE II "CODE COMPLIANCE", DIVISION 5 "ENFORCEMENT",
SECTION 11A-100 OF THE CODE OF THE CITY OF FORT WORTH
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance amending Appendix B, Article II,
Division 5, Section 11A-100 of the Code of the City of Fort Worth, providing for minimum fines for
different classes of code violations This is one of four proposed ordinance changes that would affect
fines, the others pertain to zoning, environmental, 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
CB k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Charles Boswell 8511 CITY COUNCIL
Originating Department Head:
N O V 7 2f1Q0
Tom Davis 6300 (from)
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Additional Information Contact: ~
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pity Ssc:tetar~ df t
City of Fort `1Vortlt, Tara
Tom Davis 6300
Adapted Ordinance ~Vo. ~ Z